FAILING THE TEST: HOW RICCI V. DESTEFANO FAILED TO CLARIFY DISPARATE IMPACT AND DISPARATE TREATMENT LAW.

The article discusses the standard for proving disparate impact and disparate treatment claims under Griggs and McDonnell Douglas in the U.S. The Griggs framework must be restored and applied to all disparate impact cases whether an employee challenges the disparate impact of a selection method. Thus, it guide employers and ensure that the objectives of Title VII are met. Meanwhile, the Ricci v. DeStefano case failed to clarify the standard.