NEWARK BRANCH, N.A.A.C.P. v. TOWN OF HARRISON, N.J.

No. 90-5897.

940 F.2d 792 (1991)

NEWARK BRANCH, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE; Jersey City Branch, National Association for the Advancement of Colored People; New Jersey State Conference, National Association for the Advancement of Colored People; National Association for the Advancement of Colored People, v. TOWN OF HARRISON, NEW JERSEY. NEWARK BRANCH, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE; Paterson Branch, National Association for the Advancement of Colored People; Passaic Branch, National Association for the Advancement of Colored People; Jersey City Branch, National Association for the Advancement of Colored People; New Jersey State Conference, National Association for the Advancement of Colored People; National Association for the Advancement of Colored People, v. TOWNSHIP OF HARRISON, NEW JERSEY.

United States Court of Appeals, Third Circuit.

Decided July 19, 1991.


Attorney(s) appearing for the Case

Jonathan M. Hyman, Newark, N.J., David L. Rose (argued), Joshua N. Rose, Washington, D.C., Dennis C. Hayes, Gen. Counsel, Everald F. Thompson, Asst. Gen. Counsel, N.A.A.C.P./SCF, Baltimore, Md., for appellees.

Gregory J. Castano (argued), Kenneth D. McPherson, Jr., Robert J. Donaher, Waters, McPherson & McNeill, Secaucus, N.J., for appellant.

Gerald D. Miller (argued), Mildred S. Kwozko, Miller, Meyerson, Schwartz & Corbo, Jersey City, N.J., for amicus-appellant.

Before MANSMANN and HUTCHINSON, Circuit Judges, and O'NEILL, District Judge.


OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this Title VII disparate impact action, we are called upon to address various issues requiring interpretation of the Supreme Court's decision in Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), the most novel of which is the quantum and quality of evidence which a defendant must produce in order to meet its burden of production with...

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