Re: How screwed am I?
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How lame to quote an ALR article whose title completely fails to address all of the issues relevant. If you're going to try and play lawyer, at least do some lawyering. Recognize, for starters, that the practice is NOT disallowed--Title VII merely gives a racial minority a basis to subsequently challenge the use of the criteria, if he is denied employment. In order to prevail in the Title VII action, plaintiff needs to be able to prove disparate impact/intent, and if successful here, then the relief is that the practice cannot be used. So if the OP isn't within a Title VII protected class, he can't even raise the argument to challenge the practice. Additionally, the employer has a number of defenses such as "business necessity" for the criteria, which if proven, trump the Title VII argument. So do me a favor and dont play lawyer with your free law student Westlaw account.
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lol. All I said was that he wasn't that far off, never said OP was part of a protected group, or that he would be able to suceed on a Title VII claim. The issues you raised in your post above (such as, 'the employer has a number of defenses such as "business necessity" for the criteria, which if proven, trump the Title VII argument') are addressed in that ALR article.
I realize that former clerks from federal circuit courts think they are above everyone else, but seriously, get your head out of your ass. maybe you haven't fulfilled your life goals after your clerkship and are pissed at the world for wasting your legal 'talent', but you don't have to take it out on people on 2+2.
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