Title VII, Voluntary Compliance and Ricci: Rescuing Municipalities from a Legal 'Backdraft‪'‬

The Supreme Court recently decided Ricci v. DeStefano, a case that had municipalities throughout the United States holding their breath. This case presents a scenario where either action by a municipal employer would result in potential liability under Title VII. Thus, the policy goal of Title VII--encouraging the voluntary compliance of employers by relaxing standards for liability when these attempts are made in good faith--is in danger of being undermined. This note examines both sides of this issue in light of the policy goals of Title VII. The note then delves into the background of the case, analyzes the legal claims made by both parties, and then analyzes the Supreme Court's ruling, possible outcomes of this case and the potential impact of these outcomes on similar future situations. Finally, the article asks whether the Court is able to find an appropriate middle-ground and how the Court's new standard will be affect future litigation. I. INTRODUCTION