The Supreme Court's decision in Ricci v. DeStefano foregrounded the question of whether Title VIl's disparate impact standard conflicts with equal protection. This Article shows that there are three ways to read Ricci, one of which is likely fatal to disparate impact doctrine but the other two of which are not.
Primus, Richard A. "The Future of Disparate Impact." Mich L. Rev. 108, no. 8 (2010): 1341-87.