City of Monrovia, F. We will not address any of these arguments, however, because given the limited scope of the district court’s ruling we do not wish to, in effect, try this case on appeal, and we therefore remand to the district court with instructions to consider the government’s motion in accordance with the Supreme Court’s holding in Griggs. We will tailor a package to your specific requirements ensuring you never miss any important developments impacting on your business or organisation. Not found what you are looking for? Cicero said that around 65 per cent of UK politicians have a social media presence, including the Chancellor George Osborne, who signed up to Twitter in the days before his Budget. Strangely, the survey placed Cicero fairly high in the ranks of “equal opportunity” public employers.

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Mointor to show that economic factors do not explain why Cicero has no black public employees is not to show that the challenged ordinances are responsible for this condition; and without proof of causation there is no showing of disparate impact.

The trial judge stated that the ordinances are “facially neutral” and also neutral in their operation because they completely exclude every non-resident of Cicero from applying for a municipal job regardless of the non-resident’s race. But the town is unlikely to suffer irreparable harm comparable to that of potential black applicants for public employment, merely ciccero not being allowed to enforce the ordinances while this lawsuit is pending. Ordering the entry of the injunction, without the cost and delay of a further proceeding on remand, is the proper course for us to follow when the plaintiff’s entitlement is clear, and it is clear in this case.

What is clear, however, is that the trial judge based his ruling on his finding that the ordinances are facially neutral in that they apply to any person who does not live in Cicero regardless of race.

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Town of Cicero Illinois F. They rest on a desire to make sure that the employee has a personal stake in the performance of his public duties and to make him more available in emergencies–a particularly important consideration in the case of firemen and policemen. The United States brought this Title VII action against the Town of Cicero challenging certain Cicero ordinances on the grounds that these ordinances discriminate against blacks.


Cicero argues to the contrary, but both sides agree that the proper standard for evaluating disparate impact claims has been established by Griggs v. An additional consideration is that the judge who presided over this case in the district court has resigned; the case will be remanded to another judge, who will not be familiar with the record of the preliminary injunction hearing. Granted, it has virtually no black residents, and the reasons for that surprising dearth given the racial composition of adjoining communities are not before us in this appeal.

But the preliminary injunction that it seeks is not so certain to be a futile gesture that it can properly be withheld on that ground.

The underlying purpose of allowing disparate impact claims is to address the consequences of employment practices regardless of whether they are facially neutral. Anyway, futility is neither a ground of the majority’s declining to order the entry of the injunction now, nor a ground urged by the Town of Cicero.

A move-in requirement may increase the town’s population and hence the amount of local spending; a requirement of residence at date of application for employment will limit population growth by establishing a barrier to moving in, for it will reduce a new resident’s job opportunities. It is enough to show disparate impact–not to show a violation of law, which would require consideration of the employer’s defenses, and I will get to those in a moment if the ordinances are a barrier to black employment, and they are.

The district court retains jurisdiction of the case and can proceed to trial as quickly as it wants. In Griggs, the Supreme Court held that under Title VII, “practices, procedures, or tests neutral on their face, and even neutral in moonitor of intent, cannot be maintained if they operate to ‘freeze’ the status quo of prior discriminating employment practices.

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It seems incongruous to us, however, that in view of this desire the government would bring this interlocutory appeal, which necessarily takes 786h good deal of time and entails the risk of a further appeal by the Town of Cicdro if the government is successful on remand, rather than proceed directly to trial. At the conclusion of the hearings, the trial judge denied the government’s motion from the bench. Cicero argues that the trial judge properly applied Griggs.


On July 3 and July 5, the district court heard testimony from both parties on the government’s motion.

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Probably no more is required to entitle the government to a preliminary injunction under a statute that expressly authorizes it to seek such relief, as 786nn U. I shall come back to the “move in” question.

On the present record, the government’s entitlement to the temporary relief that it has sought is sufficiently established to warrant our directing the entry of a preliminary injunction. For this reason, the trial judge’s ruling was incorrect. Although written in terms of residence at date of application, the ordinances challenged in this case have been assumed by all concerned to require that residence also be maintained during employment.

But the government has a right to such an appeal, see 28 U. The defendant must then show that the employment practice is manifestly related to the job in question, Griggs, U.

The clearest statement by this court is in Atari, Inc. That may not be the purpose of the ordinances but an innocent purpose is no defense in a disparate-impact case. The government argues on appeal that the trial court did not apply the proper “disparate impact” analysis in evaluating its claim against Cicero. You are alerted ciceo when they tweet about 786j organisation and your issues giving you ckcero time to react and respond.

If more is required, as held in Moteles v. We recognize that this may result in more delay than ruling on the merits of the motion ourselves and are mindful of the government’s representations at oral argument that it desires as speedy a resolution of this case as possible to prevent further discrimination against persons who 786m to apply for a job with the Town of Cicero.

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