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The contestation over the Ricci decision largely framed the question as whether New Haven's action, cancelling the promotional lists for the fire department, was justified by the desire to avoid disparate impact liability or was an improper form of discrimination against whites. While critics cited evidence of racial disparity in the supervisory ranks as legitimate grounds for the city's decision, supporters rejected the relevance of these claims, with both sides largely focused on patterns of underrepresentation of Black and Latino men. However, this analysis rendered invisible the interlocking systems of race and gender discrimination that worked to almost totally exclude women of color from the New Haven Fire Department, producing patterns even more acutely disparate. This omission not only overlooked the rights claims of women of color: The failure to excavate the intersectional impact of the city's employment practices in Ricci functioned to undermine and discipline anti-racist advocacy and organizing. While women of color were invisible in public discourse over Ricci in one respect, in the context of the debate over the nomination of Justice Sotomayor to the Supreme Court, the Ricci case became a platform through which race and gender were rendered highly salient. Her identity as a Latina and her role in the federal appeals court ruling against the Ricci plaintiffs before consideration by the Supreme Court, were mobilized to authorize a charge of anti-white bias. During the nomination hearings, this racial narrative was inadequately contested, as there was virtually no interrogation of the presumed affdiation between white racial identity and racial neutrality on one hand, and non-white racial identity and racial bias on the other. While ultimately Justice Sotomayor's appointment was confirmed, the "lesson" the public debate conveyed may be less about majoritarian power and more about the imperatives of colorblindness and its role in naturalizing whiteness as a form of institutional racial privilege. Resisting this metric required an intersectional analysis of the ways in which racialized and gendered systems of power interact to enact and exploit particular vulnerabilities. [ABSTRACT FROM AUTHOR]

The article discusses the U.S. Court of Appeals for the Second Circuit case Briscoe v. City of New Haven which deals with employment discrimination and impact liability. The U.S. Supreme Court case Ricci v. DeStefano is also examined. The prohibition of discrimination by public and private employers based on race, color, religion, and other terms is outlined in Title VII of the U.S. Civil Rights Act.

The article discusses the Ricci v. DeStefano case, which is popularly known as the "New Haven fire Fighter's case" in the U.S. It examines how the Ricci decision affects current employment practices, especially validated selection metrics. It discusses the legal standards for evidencing that a given selection device is job-related, and how validation process, is generally carried out. It analyzes the impact the Ricci decision has had on employer defenses proclaimed on validated test results.

The article discusses the U.S. Supreme Court case Ricci v. DeStefano over the move by New Haven, Connecticut to discard the results of the firefighting promotion tests in 2003. It was ruled that the city violated the disparate-treatment provision of Title VII of the Civil Rights Act. The city was warned by a legal counsel that Title VII liability on the basis of race may arise if it certified the results. Employment discrimination decisions are said to be affected by the ruling. The court reportedly applied the strong-basis-in-evidence standard strictly.

The article discusses a court case, Frank Ricci v. DeStefano, wherein the U.S. Supreme Court constrained the application of the disparate impact doctrine. Ricci with other firefighters filed a suit against the City of Connecticut for alleged violations of Title VII and the Equal Protection Cause of the Fourteenth Amendment. The Supreme Court held that the decision of the City not to certify the examination results violated Title VII of the Civil Rights but did not violated the disparate impact theory.

The article focuses on the Supreme Court case Ricci v. DeStefano that shows the judicial decision regarding affirmative action. It says that the case involves the alleged intentional discrimination under Title VII of New Haven, Connecticut of African-Americans in the promotion for the positions of lieutenant and captain. It adds that the decision was based on Title VII and permits employers to engage in affirmative action. The city did not succeed to carry its burden of proof.

The article focuses on the application of disparate impact theory of discrimination in the Ricci versus Stefano court case. The court case has reportedly caused an argument between the U.S. Congress and the U.S. Supreme Court concerning the definition of disparate impact as an act of discrimination. It explains that in the U.S. federal law, disparate treatment against minorities and Caucasians is banned.

The article discusses the U.S. Supreme Court's opinion in Ricci v. DeStefano which involved a claim of race discrimination. It provides information about the race discrimination in employment is in violation of Title VII of the 1964 Civil Rights Act. It presents that Title VII prohibits all race discrimination in employment and constitutionality of the disparate impact provision.

In this article the author discusses the uncertainty resulted from the U.S. Supreme Court case, Ricci v. DeStefano, regarding employment discrimination. It offers an overview of the purpose and development of Title VII and the modern approaches to claims. It discusses the weaknesses in the ruling of the Supreme Court and examines the post-employment discrimination decisions of the case and the conflicts facing courts and employers in interpreting the basis in evidence standard in the future.

The article focuses on the concepts of cognitive illiberalism and irrelevant grants of summary judgment under Title VII of the U.S. Civil Rights Act for employment discrimination cases by the U.S. courts. It discusses in the U.S. Supreme Court case of Ricci v. DeStefano that the Court granted plaintiff the improper summary judgment on the basis of cultural cognition and cognitive illiberalism. It also discusses the U.S. Supreme Court case of Scott v. Harris in this approach.

Federal Rule of Civil Procedure ("FRCP ") 24(a)(2) permits third parties whose interests are not adequately represented by existing parties to intervene in ongoing litigation to protect those interests. This Comment considers whether intervention can and should be used as a tool for nonparty racial minorities in the fight for social justice. Ultimately, it posits that in light of the Civil Rights Act of 1991 and Ricci v. DeStefano, minority intervention is imperative- not only to give voice to minority interests and to influence the outcome of "reverse discrimination" litigation, but also to avoid forfeiture of related claims in future suits. [ABSTRACT FROM AUTHOR]

The article presents an analysis of masculinities theory within the context of the case Ricci v. DeStefano, a race discrimination case in New Haven, Indiana which involved a conflict between two theories of Title VII of the U.S. Civil Rights Act of 1964. It explains why the Supreme Court's decision portrayed the firefighter hero as white and male and explores the implications of the case and its political reverberations. It offers suggestions to public employers on how to evaluate candidates for firefighting and supervisory positions in the future.

The article discusses the court case, Ricci v. DeStefano, a case of race discrimination in violation of Title VII of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment in the U.S. It provides an analysis of the case and contends that the disparate-impact provisions of Title VII are unconstitutional. The author also argues that the court should solve discrimination by declaring the disparate-impact provision of Title VII null and void.

Many countries have fair employment laws to protect racial, gender, religious or ethnic minorities from discrimination and courts in the USA can order remedies such as one out of every three new hires should be a member of a protected group after finding an employer discriminated. What steps can an employer undertake to ensure its employment practices do not disadvantage minorities when it does not need to comply with a court order? This issue arose in Ricci v. DeStefano, a ‘reverse discrimination’ case under review by the U.S. Supreme Court. Seventeen Whites and 1 Hispanic who achieved sufficiently high scores qualifying them for promotion to lieutenant or captain of the New Haven Fire Department sued the city because it cancelled the examinations after seeing that no African American could be appointed to an existing vacancy. The City of New Haven justified its action on the basis that both examinations had a disparate impact on African Americans and Hispanics because the ratios of their pass rates to that of Whites were less than 80%, contrary to a ‘rule of thumb’ in the government's Uniform Guidelines. The city did not conduct statistical tests, which are referred to in the guidelines. [ABSTRACT FROM PUBLISHER]

The article discusses a court case wherein the Supreme Court addresses the reverse discrimination and Title VII of the Civil Rights Act of 1964 in the U.S. It states that the firefighter Frank Ricci and several others brought suit against the City of New Haven, Connecticut after the city discards the test results that would have made petitioners eligible for promotions. The petitioners claim that the respondents violated the Equal Protection Clause of the Fourteenth Amendment.

Kimberle Crenshaw was the first to identify the challenges of intersectional claims in law. On the European level, the term most often used is multiple discrimination. After 50 years of implementation of civil rights legislation, the United States offers a unique critique of the scope and the limits of anti‐discrimination law. The interpretation of concepts like disparate treatment and disparate impact discrimination in employment reveals the complexity of individual and systemic discrimination. American empirical studies of the grounds of discrimination reflect issues of equality and liberty. The transatlantic comparison allows us to revisit the analysis of the intersections between forms or systems of oppression, domination, or discrimination in law from a different standpoint in Europe. [ABSTRACT FROM AUTHOR]

Ricci v. DeStefano, the New Haven firefighters case, raised questions about the constitutionality of the disparate impact provisions of federal employment discrimination law. This Article draws on the Court's subsequent decision in Fisher v. University of Texas at Austin to clarify disparate impact's constitutionality. In Fisher, no Justice expressed concern about Texas's decision to promote diversity at the state university by admitting the top percent of the state's high school graduates--state action that is race-conscious in purpose, but race-neutral in form. Approval of the percent plan in Fisher shows that under equal protection law of the Roberts Court disparate impact law is not unconstitutional in purpose, as Justice Scalia suggested in Ricci. In Fisher, the Court has demonstrated that government may change the selection standards in competitive processes without triggering strict scrutiny if the government acts (1) with a race-conscious goal of promoting equal opportunity; (2) the government requires a selection standard that is appropriate for the context; and (3) the standard does not classify individuals by race. These principles are satisfied in the ordinary case of voluntary disparate impact compliance in which an employer specifies conditions for employment in advance of evaluating applicants for the job in question, as well as in prospective remedies that courts ordinarily order for violations of Title VII. Fisher clarifies that the problem in Ricci was New Haven's procedurally irregular means of complying with disparate impact law: the government discarded the test results of a group of applicants who had invested significant time in studying for a promotion exam, and explained this decision in terms which left the disappointed applicants with the impression that government was discarding their scores to advance the interests of another racially defined group. By avoiding a constitutional judgment and finding New Haven's manner of complying with the statute unlawful disparate treatment, Justice Kennedy warns that interventions designed to heal social division should be implemented in ways that endeavor not to aggravate social division. Disparate impact law can promote equal opportunity, increase employee confidence in the fairness of selection criteria, and so reduce racial balkanization; but for disparate impact law to do so, Justice Kennedy seems to be saying in Ricci, disparate impact law needs to be enforced with attention to all employees ' expectations of fair dealing. [ABSTRACT FROM AUTHOR]

The article offers updates on cases related to the Ricci v. DeStefano case and reflects on what the Ricci ruling has meant over time. It says that users and developers of selection procedure have not learned much from Ricci v. DeStefano or relevant case law on legal defensibility. It mentions that selection procedure users and developers should have evidence to support the choice of particular assessments.

Is integration a form of discrimination? Remarkably, recent Supreme Court doctrine suggests that the answer to this question may well be yes. In Ricci v. DeStefano, the Court characterizes--for the very first time--government action taken to avoid disparate-impact liability and to integrate the workplace as "race-based," and then invalidates that action under a heightened level of judicial review. Consequently, Ricci suggests that the Court is open to the "equivalence doctrine," which posits that laws intended to racially integrate are morally and constitutionally equivalent to laws intended to racially separate. Under the equivalence doctrine, integration is simply another form of discrimination. The Court has not yet fully embraced this view. Ricci contains a significant limiting principle: To be actionable, the government's action must create racial harm, i.e., single out individuals on the basis of their race for some type of adverse treatment. Thus, the lesson of Ricci is not that governmental action with an integrative motive is always prohibited (at least for now); instead it is that racial harm really matters. The challenge for the government seeking to increase integration is to design facially race-neutral programs that open up access to opportunity and increase integration without imposing racial harm. [ABSTRACT FROM AUTHOR]

The article analyzes the opinion of the U.S. Supreme Court in the Ricci v. DeStefano case where the City of New Haven, Connecticut was found to have violated the disparate treatment law after it refused to use the test results for promoting Hispanic firefighters. It explains how the Court brought a radical way of treating disparate treatment liability by adopting a "color-blind" standard. It adds that this broadens the scope of application of disparate treatment law and made it easier for civil rights advocates to file for disparate treatment actions.

The Supreme Court's decision in Ricci v. DeStefano foregrounded the question of whether Title VII's disparate impact standard conflicts with equal protection. This Article shows that there are three ways to read Ricci, one of which is likely fatal to disparate impact doctrine but the other two of which are not. [ABSTRACT FROM AUTHOR]

An essay is presented on the recognition of race by judges in U.S. judicial opinions as of March 2012. The role of judges in promoting racial equality is examined through the concept of racial inversion whereby a judge analyzes the importance of race in each individual case. The role of race in the U.S. Supreme Court discrimination case Ricci v. DeStefano is also addressed.

Federal law has long prohibited not just intentional discrimination by employers, but also practices that have an unintentional disparate impact on minorities. A cryptic passage at the end of the Supreme Court's recent decision in Ricci v. DeStefano may signal a sea change for this disparate- impact doctrine. Ricci, a lawsuit about a civil-service exam for firefighters, received widespread attention as a case about intentional discrimination. We show that the opinion also can be read to suggest a new affirmative defense for employers facing claims of disparate impact. Before Ricci, disparate impact was a purely no-fault doctrine. An employer was liable if its employment practice had an unlawful disparate impact, even if the employer did not know about the impact or did not intend to subject its employees to an unlawful practice. The focus of litigation was not on the employer's state of mind, but rather on the aspects of the employment practice. if the defense suggested by a careful reading of Ricci is taken seriously, however, a broad category of disparate-impact cases may turn on what the employer knew when it took the challenged action. if the employer uncovered no reason to think that the practice would have an unlawful disparate impact, it may be immune from liability for its past actions. This would be a dramatic development, and if accepted it would open up an entirely new direction for this area of law. This Article parses the language of Ricci to show how it points to the new affirmative defense. We explain the significance such a defense would have for employers, employees, and disparate-impact theory more generally. We also examine and critique alternative readings of Ricci that do not entail the new defense discussed here. Ultimately, we conclude that while Ricci may foreshadow a new view of disparate impact, the Supreme Court's confusing decision can be given varying interpretations that will take further litigation to sort out. [ABSTRACT FROM AUTHOR]

The article discusses Supreme Court jurisprudence on employment discrimination. It considers three cases that challenge the employment discrimination doctrine and these are Ricci v. DeStefano, Gross v. FBL Financial Services Inc. and AT&T Corp. v. Hulteen. In these cases, unlawful discrimination has been questioned by the court. The establishment of disparate treatment and intentional discrimination have also been reexamined in these cases.

External bonding strengthening (EBS) of masonry walls with fibre reinforced polymers (FRPs) has become a common technique to improve the mechanical capacity of masonry. In particular, glass fibre reinforced polymer (GFRP) strips are usually adopted as EBS to improve shear capacity under in-plane loading of historic masonry walls in monumental buildings located in seismic areas. Reliability of bond between FRPs and the surface of brickwork walls is condition of adequate strengthening; delamination of FRPs on masonry surface is the mechanism that leads to loss of shear capacity of walls. In this paper the results of an investigation on the bond between GFRP strips and masonry surface both with modern and historic brickwork masonry are presented. Pull–push shear tests on bonded GFRP-to-brickwork masonry wallets were carried out considering the effects of mortar bed joints having different thicknesses. The experimental results indicated brittle failure due to delamination of GFRP strips; results were processed to evaluate failure load values, strain vs anchorage length diagrams, shear stress vs slip relationships experimentally and, energy fracture values. Finally, experimental results are compared with theoretical data obtained from theoretical models. [ABSTRACT FROM AUTHOR]

Objectives The transcriptional activator RamA regulates production of the multidrug resistance efflux AcrAB–TolC system in several Enterobacteriaceae. This study investigated factors that lead to increased expression of ramA. Methods In order to monitor changes in ramA expression, the promoter region of ramA was fused to a gfp gene encoding an unstable green fluorescence protein (GFP) on the reporter plasmid, pMW82. The ramA reporter plasmid was transformed into Salmonella Typhimurium SL1344 and a ΔacrB mutant. The response of the reporter to subinhibitory concentrations of antibiotics, dyes, biocides, psychotropic agents and efflux inhibitors was measured during growth over a 5 h time period. Results Our data revealed that the expression of ramA was increased in a ΔacrB mutant and also in the presence of the efflux inhibitors phenylalanine-arginine-β-naphthylamide, carbonyl cyanide m-chlorophenylhydrazone and 1-(1-naphthylmethyl)-piperazine. The phenothiazines chlorpromazine and thioridazine also increased ramA expression, triggering the greatest increase in GFP expression. However, inducers of Escherichia coli marA and soxS and 12 of 17 tested antibiotic substrates of AcrAB–TolC did not induce ramA expression. Conclusions This study shows that expression of ramA is not induced by most substrates of the AcrAB–TolC efflux system, but is increased by mutational inactivation of acrB or when efflux is inhibited. [ABSTRACT FROM PUBLISHER]

The article presents information on the issues related to equal opportunity and the need of integration in schools with reference to several cases including Parents Involved in Community Schools v. Seattle School District No. 1, Ricci v. DeStefano and Washington v. Davis. The equal protection claims based on the U.S. Fourteenth Amendment protection and transformative equality is discussed. The concept of equality of opportunity and equal results, the related jurisprudence and the critical assessment of discrimination is considered. The issues related to liberal individualism and neutrality is also discussed.

Lymphoepithelial carcinoma is an undifferentiated nasopharyngeal carcinoma with lymphoid stroma and non-keratinizing squamous cells with distinctive clinical, epidemiological and etiological features. Conversely, lymphoepithelioma-like carcinomas (LELCs) are carcinomas that arise outside the nasopharynx but resemble a lymphoepithelioma histologically. In this case study, LELC presentation in connective tissue (left sternocleidomastoid muscle) is peculiar and unusual, but its diagnosis is supported by histological findings and clinical history, especially long disease free survival and no primary lesions in nasopharynx and lung district. We also discuss the pathogenesis, hypothesizing an embryological theory. To our knowledge, it could be the first reported case of a primary connective tissue LELC to the neck. [ABSTRACT FROM AUTHOR]

Research suggests that worry, optimism, and expectations have subsequent effects on performance, which may be mediated through self-efficacy expectations. The first year of law school provides a unique naturalistic setting in which to study this process. Participants were recruited at orientation and assessed at five points during their first year of law school. Results indicated that worry was significantly related to self-efficacy and anxiety. Controlling for trait anxiety, higher levels of worry were also predictive of better academic performance. Expectations were positively related to class rank and performance on a final exam, and predicted first year law school grade-point average (GPA) even after controlling for undergraduate GPA and Law School Admissions Test score. Optimism was inversely related to both dispositional and state anxiety, although it was not related to performance. Implications of these findings for counseling first-year law students are discussed, and the results may generalize to other professional situations. [ABSTRACT FROM AUTHOR]

Abstract: Although hoarding has been associated with several psychological disorders, it is most frequently linked to obsessive–compulsive disorder (OCD). The present study assessed hoarding obsessions and compulsions in 204 individuals with OCD, and evaluated how hoarding was related to obsessive–compulsive symptom severity, psychological comorbidity, and personality as measured by the five-factor model. Results indicated that hoarding in OCD is a dimensional variable that is positively associated with dysphoria, total number of lifetime Axis I disorders, and lifetime histories of bipolar I, PTSD, and body dysmorphic disorder. Hoarding was negatively correlated with the NEO-Personality Inventory-Revised (NEO-PI-R) factor of Conscientiousness and positively associated with the NEO-PI-R factor of Neuroticism. When all personality and psychopathology variables were entered into a regression equation, dysphoria, bipolar II disorder, Conscientiousness, age, and Extraversion emerged as significant predictors of hoarding severity. Recommendations are made for clinicians and for future research. [Copyright &y& Elsevier]

Abstract: The goals of this study were to examine relationships among symptom categories in obsessive–compulsive disorder (OCD), to establish OCD symptom dimensions by factor- and cluster-analytic analyses, and to explore associations between OCD symptom dimensions and comorbid neuropsychiatric conditions. A total of 317 OCD participants underwent a systematic diagnostic interview using the Structured Clinical Interview for DSM-IV. OCD symptoms assessed by the Yale–Brown Obsessive–Compulsive Scale Symptom Checklist (N =169) and by the Thoughts and Behaviors Inventory (N =275) were subjected to factor and cluster analyses. An identical four-factor solution emerged in two different data sets from overlapping samples, in agreement with most smaller factor-analytic studies employing the YBOCS checklist alone. The cluster analysis confirmed the four-factor solution and provided additional information on the similarity among OCD symptom categories at five different levels. OCD symptom dimensions showed specific relationships to comorbid psychiatric disorders: Factor I (aggressive, sexual, religious and somatic obsessions, and checking compulsions) was broadly associated with comorbid anxiety disorders and depression; Factor II (obsessions of symmetry, and repeating, counting and ordering/arranging compulsions) with bipolar disorders and panic disorder/agoraphobia; and Factor III (contamination obsessions and cleaning compulsions) with eating disorders. Factors I and II were associated with early onset OCD. This study encourages the use of cluster analyses as a supplementary method to factor analyses to establish psychiatric symptom dimensions. The frequent co-occurrence of OCD with other psychiatric disorders and the relatively specific association patterns between OCD symptom dimensions and comorbid disorders support the importance of OCD subtyping for treatment, genetic, and other research studies of this heterogeneous disorder. [Copyright &y& Elsevier]

In this paper we consider a particle moving in a random distribution of obstacles. Each obstacle is absorbing and a fixed force field is imposed. We show rigorously that certain (very smooth) fields prevent the process obtained by the Boltzmann-Grad limit from being Markovian. Then, we propose a slightly different setting which allows this difficulty to be removed. [Copyright &y& Elsevier]

An experimental study has been conducted in which strain fields were used to investigate the behavior of subsonic crack propagation along the interface of an isotropic–orthotropic bimaterial system. Strain field equations were developed from available field equations and critically evaluated in a parametric study to identify optimum strain gage location and orientation. Bimaterial specimens were prepared with PSM-1 polycarbonate and Scotchply® 1002 unidirectional, glass-fiber-reinforced, epoxy composite. Dynamic experiments were conducted using these specimens with strain gages mounted on the composite half to obtain values of the dynamic complex stress intensity factor, K=K1+iK2, in the region of the crack tip while photoelasticity was used on the PSM-1 half. Results show that the trend and magnitude of K obtained using strain gages compare favorably with those obtained using photoelasticity. [Copyright &y& Elsevier]

Background: Cannabis is the most used recreational drug worldwide. Its use can increase the risk of developing psychotic disorders and exacerbate their course. However, the relationship between cannabis use and dissociative symptoms has been scarcely investigated.Aims: To examine differences in psychotic and dissociative symptoms, and in functioning in first-episode psychotic patients (FEPp) using cannabis compared with those not using cannabis.Methods: Between January 2014 and December 2019, seventy FEPp with cannabis use disorder (N = 35) and without it (N = 35) were recruited in psychiatric inpatient facilities in the Italian regions of Lazio and Piemonte. All subjects were assessed at FEP, after 4 and 8 months, using the Positive and Negative Syndrome Scale (PANSS), the Global Assessment of Functioning (GAF) scale and the Dissociative Experiences Scale - II (DES-II). Detailed information on the pattern of cannabis and other substance use were collected.Results: FEP using cannabis showed higher levels of positive symptomatology, dissociative experiences and worse functioning than their non-user counterpart, despite a comparable antipsychotic treatment. At an eight-month prospective evaluation, FEP using cannabis still showed higher levels of positive symptomatology and dissociation. Moreover, global functioning worsened over time in FEPp using cannabis, whereas it improved those not using it.Discussion: Our findings suggest that a greater degree of dissociation and positive symptoms at FEPp and their persistence over time may characterise cannabis-associated psychosis. Both these factors might explain the overall functioning worsening over time that we observed in the cannabis-user group compared to the functioning improvement in the non-user group. [ABSTRACT FROM AUTHOR]

36140631 12 Yau Y.-C., Yang C.-P., Lin C.-P., Tsai I.-J., Chang C.-M., Yang C.-C., Shih P.-H., Liao Y.-Y. 36608015 3 Chang K.V., Lin C.P., Lin C.S., Wu W.T., Karmakar M.K., Ozcakar L. Sonographic tracking of trunk nerves: Essential for ultrasound-guided pain management and research. 34441342 19 Wu W.-T., Chang K.-V., Wu K.-W., Mezian K., Ricci V., Özçakar L. Dynamic Ultrasonography for Imaging Pediatric Fat Pad Herniation through the Lateral Patellar Retinaculum. The field of musculoskeletal medicine has been revolutionized by the introduction of ultrasound imaging. [Extracted from the article]

The article provides brief overview of artificial intelligence technology, its societal implications, and use emerging uses in hiring in the U.S. It informs on Title VII disparate impact arising from the use of artificial intelligence in hiring; balancing the use of artificial intelligence technology with human intuition; and Ricci v. DeStefano court case addressing the same.

Empirical evidence shows that people of colortend to earn less in tips than their white coworkers, and people Of color and women tend to earn less in commissions than their white, male coworkers. Moreover, a growing corpus of social science research suggests that neither tipping nor commissions are strict business necessities. Yet, scholars, courts, and practitioners have yet to recognize a disparate impact cause of action under Title VII Of the Civil Rights Act of 1964 alleging that tipping and commissions cause employees to receive less pay because of race or sex and cannot be justified as job-related and consistent with business necessity. This Article explores legal strategies for combatting the pay disparities wrought by tips and commissions. Foremost, it explains why most tipping and commission schemes evidence a prima facie case Of disparate impact and why many employers would be unable to prove that such schemes constitute business necessities. Subsequently, it assesses non-litigation alternatives to attacking such pay disparities, including a reconceptualization of Ricci v. DeStefano-an opinion regarded in much employment discrimination scholarship as a material roadblock to substantive workplace equality-as offering employers the option of offsetting tip or commission disparities via disparate treatment (i.e., affirmative action). For generations, employers have maintained tipping and commissions as facially-neutral pay schemes which afford employees formal pay equality, but fail to guarantee pay untethered to employees' races and sexes. This Article provides a roadmap for employees subjugated and discriminated against by such pay schemes. In doing so, it seeks to lay the groundwork for those employees to secure not just facially-neutral pay policies, but substantive pay equality. [ABSTRACT FROM AUTHOR]