Judiciary

Earlier this year I told you about a case called Ricci v. DeStefano. The fire department in New Haven, Connecticut, threw out the results of a promotions test because no blacks scored high enough to qualify for promotions. In other words, white firefighters (over a dozen) and two hispanics who qualified were denied promotions because of their race.

Today the U.S. Supreme Court ruled 5-4 in favor of the firefighters and against New Haven. (Also see video)

Sonia Sotomayor, Barack Obama’s nominee for the U.S. Supreme Court, was one of the judges on the U.S. Court of Appeals for the Second Circuit who sided with New Haven. In other words, she ruled against the firefighters denied promotions because of skin color.

A developing meme is that the Supreme Court reversed Sotomayor. Will it make a difference during confirmation hearings? I’m not hopeful Sotomayor-reversed will generate much steam. I doubt Republicans have the heart to grill Sotomayor the way they should. They’re not of stout heart.

For a little light reading, download the 93-page opinion. (PDF)

Last month I mentioned that the fire department in New Haven, Connecticut, threw out test results and canceled promotions because too few black firefighters scored high enough to receive promotions. The department was concerned about promoting too many whites, a clear case of racial discrimination.

Firefighter Frank Ricci and others (one hispanic and more than a dozen whites) who scored high on the test sued the city, citing equal protection violations. After a district court judge dismissed the case, a three-judge panel of a federal appeals court affirmed the dismissal. Conservative judges on the court sought to have it re-heard. Judge Jose Cabranes defined the issue this way:

“May a municipal employer disregard the results of a qualifying examination, which was carefully constructed to ensure race-neutrality, on the ground that the results of that examination yielded too many qualified applicants of one race and not enough of another?”

The appeals court declined to hear the case by a vote of 7 to 6. Download the 72-page opinion (PDF).

Ricci petitioned the U.S. Supreme Court, and last week, the court agreed to hear the case.

I’ve written about this issue before. A few years ago, I spent an hour on a conference call with three people at a consulting firm hired by the Denver Fire Department to water down the test so black applicants could pass it at higher rates. They told me, somewhat proudly, they’d been hired to create watered down tests for fire departments in Montgomery and Prince George’s Counties in Maryland, too. I asked them repeatedly what changing the test would entail: more pictures, fewer words, no math…what? I just got jargon. No straight answers. My request for a copy of a sample test was denied.

According to the firm’s web site, the new test would measure a “broader range of job related abilities than traditional written tests” to identify “well-rounded, motivated, and qualified” applicants. In other words, the goal was to play down what apparently made blacks look bad — abstract reasoning ability — and play up “interpersonal” skills.

I also blogged about a fire department that eliminated a swimming test because too many black applicants can’t swim. Can you believe it? Instead of eliminating non-swimming applicants or even doing the paternal thing – sending them to swimming lessons like dependent children – the department eliminates an important requirement for the job!

I wish blacks would protest in the streets and burn cars over this. How much more demeaning can you get? Lowering standards for black applicants? What happened to “We shall overcome” and being treated equally? And all that talk about being given a chance, the same chance as everyone else? Black America should be in an uproar over being perceived as stupid and incapable.

But, no. Government-wide lowered standards for blacks don’t raise anyone’s blood pressure but mine.

Ricci v. DeStefano is an important case. Even if the Supreme Court sides with Ricci and rules that throwing out the test results because too many whites would get promotions is unconstitutional, however, the practice won’t disappear altogether. In some form or another, the government will find a way, any way, to lower the bar for blacks and keep it raised high for everybody else.

Those who fought and died during the civil rights movement must be so proud.