THE FIRST CIRCUIT STRIKES OUT IN JONES v. CITY OF BOSTON : A PITCH FOR PRACTICAL SIGNIFICANCE IN DISPARATE IMPACT CASES

Despite their best efforts to comply with the law, modern employers are likely to face allegations of unlawful discrimination.2 While most employers are aware that purposeful, overt discrimination is illegal, many fail to realize the extent of liability potentially resulting from practices or policies that have the effect of discriminating against a protected class.3 Employers increasingly utilize statistics in hiring practices, collecting and analyzing data about applicants and employees to determine who makes the best employee.4 Employing “Moneyball”-type statistical analyses may be useful to employers in amassing a more productive workforce, but it