The Los Angelus Times reports today that the United States Supreme Court will likely hand down a holding in the case Ricci v. Destefano. The decision has received heightened media attention because Supreme Court Nominee Sonia Sotomayor was one of the three 2nd Circuit Appeals judges who wrote the opinion now on appeal. That opinion was short—only two paragraphs—and adopted the reasoning of the district court judge.
The Plaintiffs in Ricci are those white firefighters of the City of New Haven who took and passed an examination for promotion. The examination, along with any promotions for those who passed it, was thrown out by the City when it was revealed that no black firefighters had passed it. The city decided to throw out the exam over concerns that it would be sued under Title VII of the Civil Rights Act of 1964 by those black firefighters who had failed it.
Under Title VII it is illegal for an employer to employ job standards, e.g, tests, that have a disparate impact on minorities. The Times pointed to a classical example of such illegal job standards: requiring high school diplomas to take a job as a janitor where a substantial portion of the black population does not have such a degree. That’s not the say that establishing job standards which inadvertently affect a minority adversely, automatically is discriminatory. Those standards must be essential to the job.
The article believes that the Supreme Court will rule in favor of the firefighters. When the decision is releases I will make sure to post a copy.
For a full copy of the Los Angelus Times Article click here.