Justices Rule for White Firemen In Bias Lawsuit

Washington Post ^ | JUne 30, 2009 | Robert Barnes

[Melissa 24]

The Supreme Court yesterday restricted how far employers may go in considering race in hiring and promotion decisions, a ruling that puts workplaces across the nation on notice that efforts to combat potential discrimination against one group can amount to actual discrimination against another.

The court ruled for white firefighters in New Haven, Conn., who said city officials violated their rights when it threw out the results of a promotions test on which few minorities scored well. The case drew outsize attention because President Obama's nominee for the high court, Judge Sonia Sotomayor, had been part of a unanimous panel on the U.S. Court of Appeals for the 2nd Circuit that endorsed a lower-court ruling upholding New Haven's decision.

The case was a victory for conservative groups and the firefighters, who said the city's resolution had amounted to denying promotions based on skin color. The court's conservatives prevailed in a decision that said employers needed a "strong basis in evidence" that a test is deficient before discarding the results, rather than just "raw racial statistics" that may indicate a subtle discrimination.

"No individual should face workplace discrimination based on race," Justice Anthony M. Kennedy wrote for the five-member majority.

Civil rights groups said the decision would create a hurdle for employers, especially in the public sector, seeking to diversify their workforces without violating the law.

The case has been used by Sotomayor critics as evidence that she allowed her personal preferences to influence her rulings, while her supporters said the decision was a straightforward application of court precedents.

In the end, neither side conceded any ground over what yesterday's ruling indicated about Sotomayor's fitness for the high court.

[Melissa 24]

Wow…who would have thought this ruling would come down? I guess there is hope after all, at least for now.

A supreme ruling!

[freespirited]

The decision tried to find the spot between what can be seen as competing provisions of Title VII -- which says that individuals may not be treated differently because of their race, religion or sex, but also that seemingly neutral testing requirements can be discriminatory if they have a disparate impact on members of one group.

The law is absurd. I challenge the Congressional meddlers who gave us this nonsensical statute to show us three credibile standardized tests free of "disparate impact" on any of the politically correct groups.

Wouldn't surprise me if they can't come up with a single one. I can't.

[Frank_2001]

“A supreme ruling!”

I wholeheartedly agree.

Alleged racial bias in exams is not a reason for failure; only an excuse. What could possibly be “racist” content in a firefighters’ exam?

[Cicero]

Justices Rule for White Firemen In Bias Lawsuit

No, ComPost. Justices rule for equal treatment for all.

[tiki]

I think when they test everyone should have a number and the hirers don’t know who the numbers belong to and they are hired or promoted by their grade only.

[presently no screen name]

Thanks for the firefighters who didn’t give up but kept pressing through for truth to prevail. Most have cost them some big bucks, too.

[EQAndyBuzz]

“Civil rights groups said the decision would create a hurdle for employers, especially in the public sector, seeking to diversify their workforces without violating the law.”

Civil Rights hass become a cottage industry. It seems the only discrimination in this country is against White, middleclass Judeo/Christian males.

Where is our representation?

The entire civil rights act should be repealed.

[Prokopton]

Where is our representation?

Castrated long ago.

[budwiesest]

Justices rule for equal treatment for all.

Yep. This country was founded on equal treatment for all. Apparently four 'justices' didn't feel that way.

Everyone gets a shot at bettering themselves and no government agency should stand in their way.

Preference is a wedge used by The Party to assign priviledges to loyal followers. Upon receiving benefits, loyalty is increased (blind though it may be). An Obama sticker on my truck wouldn't benefit me (self-employed) but might work toward a promotion for a bureaucrat.

I'll have to re-assess the extent of Obama-ism as portrayed by the abundance of Obama stickers here, in California's state capitol. It may not be the signature of a growing movement but rather, a testament to the saturation of government employees in the area.

Still, it would be wise to be wary of government handing out favors. It's not in their job description and way above their pay grade.