Thus, given the virtual absence of blacks from Cicero’s population, the ordinances operate to screen them out of public employment in the town. These cases have established a three part test for analyzing disparate impact claims. The record compiled in the preliminary injunction hearing makes the strongest case for violation of Title VII on a “disparate impact” theory that I have seen in my four years of judging. The majority’s refusal to order the entry of the preliminary injunction rests on three propositions. The town of Cicero, population 61,, an urban working-class suburb of and immediately adjoining Chicago, has never had a black municipal employee. Flop of the Year:

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786 F. 2d 331 – United States v. Town of Cicero Illinois

Therefore, any delay in granting relief against the ordinances will or at least may impose uncompensated delays; and no more need be shown to comply with a threshold requirement of proving irreparable harm. On July 3 and July 5, mobitor district court heard testimony from both parties on the government’s motion. Flop of the Year: That is why we only monitor influencers that are important to you, e. They provide a threadbare justification for the total exclusion of black people from municipal employment.

The town also presented evidence that most people like to live in racially and ethnically homogeneous communities. US, Asia-Pacific and Supranational coverage Is your industry affected by international policy makers and regulation?

Residence requirements of the “move in” variety are common and their ciceo has been upheld, McCarthy v. If a black person who is not a resident of Cicero xicero to work as a policeman there, he would first have to move there, then work at some other job for three years, then apply for a job as a policeman.


The United States sought a preliminary injunction to enjoin enforcement of the ordinances and the district court denied the motion. This is clearest with respect to the municipal employees and the firemen. If the defendant cannot make this showing, the plaintiff prevails. There are some jobs in government where such a requirement would be highly appropriate. Moreover, such a requirement would be less exclusionary, because a black person wouldn’t have to pull up stakes elsewhere and try to find a home in Cicero without knowing whether the move would lead to a job.

They ficero do their jobs fine without having lived in Cicero. On November 13, the United States moved for a preliminary injunction to enjoin enforcement of these three ordinances.

In Griggs, the Supreme Court held that under Title VII, “practices, procedures, or tests neutral on their face, and even neutral in terms of intent, cannot be maintained if they operate to ‘freeze’ the status quo of prior discriminating employment practices. Not found what you are looking for? Town of Cicero Illinois F.

On the record before us, the government has established an overwhelming probability of prevailing on ciceeo merits when this case is tried. First, the plaintiff must show that a facially neutral employment practice has a disproportionate impact on members of a particular race, sex or national origin.

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The town of Cicero, population 61, an urban working-class suburb of and immediately cicerro Chicago, has never had a black municipal employee. Although the town presented its own statistical evidence, that evidence was worthless.

Pulse removes the blind spots, cutting out the noise and ensuring Public Affairs and media professionals only see the issues that cifero important to them and their organisations.

Need specialized monitoring of a sector, country, region or issue? The government argues that the trial judge considered only the facial neutrality of the ordinances in denying its motion.


Even assuming that the irreparable harm to the town were as great as that to the government suing as the representative of potential black applicants for municipal employment, the strong likelihood of the government’s winning the case when it is tried would tip the balance in favor of a preliminary injunction, always assuming that the usual criteria for granting or denying preliminary injunctions are applicable to a case such as this.

The mayor and other high officials of a town should know the town before they take office. Register now to enjoy more articles and free email bulletins Register Already registered? You can type or file, answer the telephone or empty the wastebasket, process license applications or mail tax assessments, all without having lived in Cicero for a year, or for that matter a week; and you can put out fires without having lived there–there is nothing unusual about the building materials or design in Cicero.

In-depth Bespoke monitoring packages Not found what you are looking for? Accordingly, we vacate his ruling.

F2d United States v. Town of Cicero Illinois | OpenJurist

Illinois Commerce Comm’n, F. Few blacks will feel secure in applying for a job that they may get only to lose should the government lose the case on the merits. The ordinances prohibit anyone who has not lived in Cicero for a minimum cidero of years from applying for a municipal job.