According to the decision in Ricci v.DeStefano,if an organization decides to not use the results of a selection test because of concerns there may be disparate impact against a protected class,then there cannot be a disparate impact case filed by another protected class.

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The decision in Ricci v.DeStefano only applied to the specific case involving firefighters and did not establish a general rule that would prevent a disparate impact case from being filed by another protected class if an organization chooses not to use the results of a selection test due to concerns about disparate impact.

According to the Decision in Ricci V