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The Supreme Court overturns ruling backed by Sotomayor.
The Supreme Court ruled Monday that white firefighters in New Haven, Conn., were unfairly denied promotions because of their race, reversing a decision that high court nominee Sonia Sotomayor endorsed as an appeals court judge.
New Haven was wrong to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results, the court said Monday in a 5-4 decision. The city said that it had acted to avoid a lawsuit from minorities.
The ruling could alter employment practices nationwide, potentially limiting the circumstances in which employers can be held liable for decisions when there is no evidence of intentional discrimination against minorities.
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I appreciate the subtlety, "white firefighters" and "Sonia Sotomayor" used as kindling for headlines. Nevermind that the white and Hispanic firefighters sued the city for not certifying the test results.
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The issue is not whether there will potentially be a legal issue if a white candidate is hired over a minority candidate, the issue is that the city discarded the results so they wouldn't have to deal with it in the first place, which fails the "strong basis in evidence for disparate-impact liability" standard within Title VII of the Civil Rights Act. So the Civil Rights Act was actually upheld here, not underminded.
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Well, I remember the 1960's, and I believe that if a similar case was heard then there would not be the reasonable, thoughtful comments posted on the Root. It's evident that at least some of us have learned that not every legal defeat is a social attack. Frankly, I can't decide which side to come down on because I haven't seen the test and I don't know the background of the men who took it. Did all the blacks and Latinos have poor test scores because of poor educational background? or because the test itself was biased? New Haven evidently thinks the test was flawed; but a test should be judged by internal criteria, not by who passes or fails it. Bottom line - you can't emend the past. All you can do is learn from it to improve the future.
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It always makes me chuckle...Blacks want to be treated fairly, and are the first to claim discrimination when they FAIL a test. Study and earn the position. These comments just remind me that the "Blame Whitey" game is still being played. Why don't you blame yourselves and STUDY for the exams? OK? Or do you want the standards lowered even more?
Michael Jackson wanted to be a fire fighter but he couldn't control his hose..
So much for UNITED WE STAND mantra.. at end of day white privledge still is alive...