Newark Branch, National Ass'n for the Advancement of Colored People v. Town of Harrison

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 respect to “business justification.” Specifically, we must determine whether the district court erred in holding that the Town of Harrison, New Jersey violated Title VII of the…