Mandala v. NTT Data, Inc., No. 19-2308 (2d Cir. 2020)Annotate this Case
The Second Circuit affirmed the district court's dismissal of plaintiffs' Title VII disparate impact class action against their would-be employer. Plaintiffs, African-American men who were hired at a technology services provider before their offers of employment were revoked because of past criminal convictions, cited national statistics showing that African Americans are arrested and incarcerated at higher rates than whites relative to their share of the national population.
The court held that plaintiffs have set forth no allegations plausibly suggesting that the company's hiring policy has a disparate impact on African Americans within the relevant hiring pool. The court stated that, while national statistics may be used to advance a disparate impact claim if there is reason to believe that the general population is representative of the qualified applicant pool subject to the challenged policy, plaintiffs' complaint suggests that the jobs they applied for required substantial educational and technical credentials, and plaintiffs have provided no basis on which to presume that their proffered statistics are representative of the applicant pool in question.
The court issued a subsequent related opinion or order on February 23, 2021.