The Ricci case held that the fear of litigation alone can justify an employer's reliance on race to discriminate against other qualified employees.

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The Ricci case, also known as Ricci v. DeStefano, actually held the opposite. It stated that an employer cannot simply rely on fear of litigation or potential lawsuits to justify discriminatory practices, even if those practices are intended to protect against discrimination. In this particular case, the Court found that the employers' decision to throw out the results of a promotion exam that had a "disparate impact" on minority candidates was not supported by sufficient evidence of actual discrimination.

The Ricci Case Held That the Fear of Litigation Alone