Posted on 06/29/2009 2:32:37 PM PDT by neverdem
WASHINGTON — The Supreme Court ruled on Monday, in a case with enormous implications for workplaces across the country, that white firefighters in New Haven suffered unfair discrimination because of their race when the city scrapped the results of a promotional exam.
“The city’s action in discarding the tests violated Title VII,” the court held in a 5-to-4 decision, referring to a section of the Civil Rights Act of 1964. The majority said the city’s fundamental arguments were “blatantly contradicted by the record.”
Monday’s decision in Ricci v. DeStefano, No. 07-1428, came on the last day of the court’s term and was one of the most closely watched discrimination cases in years, not just for its potential to change the landscape of labor and employment law but because President Obama’s Supreme Court nominee, Judge Sonia Sotomayor, had sided with the city and against the firefighters as a member of the United States Court of Appeals for the Second Circuit.
Monday’s ruling is sure to be closely studied by personnel departments and their lawyers for indications of how far employers can go, and under what circumstances, in considering race in decisions on hiring and promotion. And it is sure to be a hot topic when Senate confirmation hearings begin for Judge Sotomayor on July 13.
While the case concerned public employees, the ruling is also likely to affect private employers, since Title VII of the Civil Rights Act covers private employers as well as public ones, according to Prof. Sheila Foster of Fordham Law School and other attorneys who specialize in labor and employment law.
“This decision will change the landscape of civil rights law,” said Professor Foster, who teaches anti-discrimination Law and has been involved in litigating cases under the Civil Rights Act.
Daniel P. Westman, a Washington-area lawyer who...
(Excerpt) Read more at nytimes.com ...
How about criminal past or contagion?
Yes maybe it will start protecting EVERYONE's civil rights instead of a few special "groups".
By average you mean she filled racial quotas for 'wise latina woman' at every school, firm and government department she ever worked in, right? If you took the words Hispanic and Puerto Rican out of her bio it wouldn't amount to one short paragraph.
The city never claimed that the test was irrelevant, unfair or discriminatory against Blacks. (They would have no case if they did). They argued on the basis of needing to avoid a lawsuit from the AA candidates.
I guess no one considered the possiblity that the White and Hispanic firefighters might sue to protect their constitutional rights. OTOH, they may not have thought that the constitutional rights of “the oppressors” was relevant. Wait. When did Hispancis assume “White Guilt”?
Post of the day.
Race, Religion, Type of Sex, Handicaps, skin Color, or sexual preference should never be used for discrimination purposes. I hate IDIOTS on both sides of the political spectrum who discriminate and try to force their position on others.
Sotomayor's nomination to the Supreme Court should be removed as she is not capable of being fair in making legal decisions.
Geez, I just read the dissent. I need a shower.
Well, 5 of the 9 Justices should be applauded. The other 4 should be ashamed!
“This decision will change the landscape of civil rights law,” said Professor Foster, who teaches anti-discrimination Law and has been involved in litigating cases under the Civil Rights Act.”
Yep. Hopefully for the better.
Most Hispanics I know consider themselves white and in fact a great many are considered Caucasians.
The "Hispanic" category should be scrapped altogether. Its just that the Feds needed a catch-all term for racially-mixed folks that happened to have a Spanish surname.
White Hispanics are more "white" than Arabs, Jews, and Persians, all of whom (unlike white Hispanics) have roots in the Middle East, NOT EUROPE, but are counted as "white."
But they are still white; there are plenty of colored hispanics who could have joined the blacks.
Usually they is a space for Other. I use it for all forms asking my race.
The other 4 are racists themselves ...
The difference between them (4 idiot judges) and most Americans is they (4 idiot judges) claim to be FAIR.
And you know what they call the person who graduated last in their law school class? JUDGE
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