What must employers have to justify race-conscious decisions according to Ricci v. DeStefano?

In Ricci v. DeStefano, the Supreme Court held that employers must have a "strong basis in evidence" to justify race-conscious decisions, particularly when those decisions potentially infringe upon the rights of employees under Title VII of the Civil Rights Act. The court emphasized that if an employer wishes to take race into account to avoid liability related to discriminatory practices, it must substantiate that there is a significant likelihood of facing such liability if it does not act in a race-conscious manner.

This means that mere intentions to promote diversity or avoid discrimination are insufficient; employers must analyze and present concrete evidence that supports their actions. Such evidence may include statistics indicating disparities in outcomes among different racial groups or past incidents of discrimination that might lead to legal repercussions. This standard aims to ensure that race is not arbitrarily considered in employment decisions and is only used when necessary to address legitimate concerns about discrimination and liability.

The other options do not accurately reflect the requirements established by the court in this case. For instance, a clear public statement of intent would not suffice as a legal justification; similarly, employee satisfaction and the composition of hiring committees do not correlate directly with the necessity of having a strong evidentiary basis for race-conscious decisions.