Today, the U.S. Supreme Court released its decision in Ricci v. DeStefano, the high-profile discrimination case involving firefighters employed by the city of New Haven, Connecticut. In a 5-4 decision, the Court reversed the Second U.S. Circuit Court of Appeals’ decision in favor of New Haven. Essentially, the Supreme Court said the city improperly threw out the results of promotional tests that officials said left too few minorities qualified.
The case has been under a microscope because the Second Circuit opinion was affirmed by Judge Sonya Sotomayor, President Barack Obama’s Supreme Court justice nominee.
Learn more about Judge Sotomayor, and keep up with the latest developments in her U.S. Supreme Court nomination at The Word on Employment Law with John Phillips.
In 2003, New Haven administered tests to evaluate which firefighters were most qualified for promotion to vacant lieutenant and captain positions. Since minority candidates scored disproportionately lower on the tests and New Haven feared a lawsuit by the minority firefighters, it decided to throw the tests out. White firefighters (including one Hispanic firefighter) who received high scores on the test and were denied promotions sued the city, asserting that they were victims of reverse discrimination. (Reverse discrimination occurs when the favoring of one historically disadvantaged group results in discrimination against a historically advantaged group.)
In 2006, a federal district court held that New Haven didn’t discriminate against the white firefighters, and a three-judge Second Circuit panel, including Sotomayor, affirmed the district court in a short unsigned opinion. Sotomayor’s critics assert that her decision in this case shows her tendency to favor racial minorities, and the reversal will likely be referenced frequently in her confirmation hearings, which begin July 13.
The Supreme Court held that New Haven violated Title VII of the Civil Rights Act of 1964 by throwing out the tests. Justice Anthony Kennedy, who authored the opinion, stated, “Fear of litigation alone cannot justify the City’s reliance on race to the detriment of individuals who passed the examinations and qualified for promotions.”
The Court’s decision in this case could have a big impact on discrimination and diversity issues in employment law. It could limit employers’ liability in situations in which minorities cannot prove they were victims of intentional discrimination.
To learn more about how changes on the Supreme Court and in employment law in 2009 will affect employers and what’s on the horizon for 2010, check out the Advanced Employment Issues Symposium being held in Nashville September 17-18, 2009, and in Las Vegas on October 29-30, 2009. For more information, click here.