Nurses at the City Safe Hospital must successfully pass a professionally developed and validated test to be promoted in their jobs.Recently,the hospital discovered that African-American and Hispanic nurses taking the test scored significantly lower than white nurses,and none qualified for promotion.Therefore,based on:

Question

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Based on Ricci v. DeStefano, the City Safe Hospital should use the test scores in making promotions to avoid reverse discrimination against the white nurses. In the Ricci v. DeStefano case, the U.S. Supreme Court held that fear of a disparate impact claim is not a viable basis for discriminating against majority employees unless the employer can demonstrate a strong evidentiary basis that it would have been liable for disparate impact if it had not taken such action.

Nurses at the City Safe Hospital Must Successfully Pass a Professionally