In a 5 to 4 decision, the Supreme Court ruled on the controversial Ricci v.
DeStefano case. The case, which was brought by a group of white firefighters
in New Haven, Connecticut claiming they were denied promotions when the city
of New Haven threw out the promotion exam. Lower courts found in favor of
New Haven in throwing out the results of the exam, and against the white
firefighters.
However, the Supreme Court reversed the findings of lower courts. Justice
Kennedy wrote for the majority, and was joined by Justices Thomas, Roberts,
Alito and Scalia. Kennedy stated unequivocally that ³the city rejected the
test results solely because the higher scoring candidates were white,² and
that ³Fear of litigation alone cannot justify an employer¹s reliance on race
to the detriment of individuals who passed the examinations and qualified
for promotions.²
The ruling will make it difficult for employers, mainly those that require
tests or other examinations to determine eligibility, to throw out results
if the exam shows a disparate impact on a minority. This includes many
government entities that employ civil servants, and often use exams for
promotion.
In the dissenting opinion, Justice Ginsberg minced no words in showing her
disdain for this opinion, and standing behind the black and Hispanic
firefighters. The city of New Haven has a high percentage of blacks and
Hispanics, but the make up of the city's fire department does not coincide
with these proportions, and highlights problems associated with the
disparate impact clause of Title VII.
This case also draws attention to Judge Sotamayor¹s ruling in the Appeals
Court. She had found in favor of the city, which had thrown out the test
results when they were notified of their potential liability. This case was
closely watched to see if the Court would uphold Sotamayor¹s ruling.
The decision cuts a hole in Title VII. The issue for the employer under
Title VII is not the fear of being sued but rather the disparate or
discriminatory impact the employers' decisions (including mandatory tests)
have on the employee.
Shame on the Supreme Court for a leap backwards!
