Discrimination Towards White Firefighters Decision Reversed

In a 5-4 vote, the Supreme Court has reversed a decision that stated that white firefighters had not experienced racial discrimination.

In New Haven, Connecticut, firefighters had taken a promotions exam, but city authorities threw out the results upon discovering that only two Latinos and zero African Americans did well enough to gain the promotion. City officials claimed that they did not want to risk being sued for racial discrimination.

Justice Kennedy wrote that allowing “employers to discard the results of lawful and beneficial promotional exams even when there is little if any evidence of disparate-impact discrimination would amount to a de facto quota system.”

On the other hand, Justice Ginsburg argued that “there was a long history of race discrimination in firefighting,” noting that as of 2003, only one out of of the city’s 21 fire captains was African American. In addition, “people good at taking tests were not necessarily the best leaders in public safety emergencies” and the disparity in results should have been examined. The white firefighters “had no vested right to promotion.”

It is difficult to balance out giving opportunities for those historically discriminated against and giving everyone an equal chance. Wade Henderson, president and chief executive of the Leadership Conference on Civil Rights, claims that the Court’s decision to rule in favor of the white firefighters is confusing for employers looking to promote equal oppotunity. “Employers will now face a convoluted minefield when attempting to protect workers from discrimination. Employers are looking for bright lines … they’re looking for clear directives to help them better understand how they can engage in nondiscriminatory decision.”

Justice Scalia reflected, “The war between disparate impact and equal protection will be waged sooner or later,” he wrote, “and it behooves us to begin thinking about how — and on what terms — to make peace between them.”

Read more: civil rights, discrimination, Supreme Court

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Disclaimer: The views expressed above are solely those of the author and may not reflect those of
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Bogdan K.

9:32AM PDT on Jul 14, 2009

Meredith D. ,
"Because minorities get crap education and are mostly confined to very low-income areas? And white people get testing coaches while minorities see people shot in the schoolyard. Why must a minority get bad schooling because you don't want to pay to educate them?"
Yeah,right. Give them good education,give them good job... Blah,blah.. Why should it be GIVEN to them? Why don't they just work and pay for their education as majority whites do? Not all whites rich. Majority of them can't make ends meet.. But they work to get a better education and improve quality of their life... Why can't minorities do the same thing? Nothing, not even poverty can stop hard working person with passion for learning to get good education and high paid job.

send a green star

Joe A.

8:10PM PDT on Jul 6, 2009

I would rather have merit system than a color system when it comes to advancements. Promote the ability, not the quota. Race based Civil Rights just keep ensuring that racism and bigotry on both sides is kept alive in the press and kindles hatred.

Dillin M.

3:09PM PDT on Jul 6, 2009

like they always said in history thers a sleeping white giant in side of us all and when we get pushed further and further and we become stripped of what out ancesters have built to be the perfect nation and strip out rights and our freedom of speech and our right to practice our religion and then well wake up from whats soon becoming a nightmare

Meredith D.

8:44AM PDT on Jul 6, 2009

Oh, and one more thing: I'm a woman and I'll carry myself down the darn ladder. No man is going to carry me anywhere.

8:23AM PDT on Jul 6, 2009

Ella,
"Why…must a white person suffer because a minority cannot meet the same standards? In the workplace? In society?"
Because minorities get crap education and are mostly confined to very low-income areas? And white people get testing coaches while minorities see people shot in the schoolyard. Why must a minority get bad schooling because you don't want to pay to educate them?

"This is another example of “Dumbing down America”.
Dumbing down America is the fault of poor schools, Americans being lazy, and too much TV. I work 2 jobs (teacher and tutor, and yes, I had to pass some tests too. Notice I'm not whining about it.)

"When did this country stop being equal?"
Umm...honey? America has NEVER been fair or equal. First we stole the whole country from it's naive people, then we enslaved tons of Africans who never did anything to deserve it. Remember Japanese internment camps? And the ones for Germans? Oh right, we didn't imprison Germans because they're WHITE. So forgive me if I have NO sympathy for your kids injured pride.

"Wake up America. Pretty soon they will lower the standards for being a teacher, a scientist, a lawyer, a judge."
They're already dumbing down teaching standards. Teachers in the inner city don't even have to have an education degree. But that's because nobody wants to work in an area you could get raped or shot in. Maybe if we gave some good teachers and adequate funding, thy wouldn't NEED to lower standards.

Loretta C.

7:19AM PDT on Jul 6, 2009

This kind of discrimination has been going on for a very long time. I work for a major corp that may make it's policy to do so.

It is about time this kind of thing stops! No one should be discriminated against in any manner at any time.

Ella C.

10:31PM PDT on Jul 4, 2009

When my nephew became a firefighter he had to pass several rigorous physical tests as well as a series of written tests leading p to his finals.

A few years later (after pressure from outside) the Fire Department had to lower it’s standards for the physical tests to allow woman to join. I am a female.but think who would you want to be there to help you down a ladder or ? A female or man who; if need be; carry you down that ladder?

Then they lowered the qualifications for the written tests so that “minorities” would be able to get in.

Now, my nephew, who is white and male had to work and study harf to become a firefighter. And he was very proud of making it.

How do you think he felt when a woman did not have to pass the physical tests? Or when a minority did not have to study and take the tests that insures that a fireman knows enough about what it means to really be a fireman?

Why…must a white person suffer because a minority cannot meet the same standards? In the workplace? In society?

This is another example of “Dumbing down America”.

When did this country stop being equal?

Wake up America. Pretty soon they will lower the standards for being a teacher, a scientist, a lawyer, a judge. Where will it end.

Gillian M.

12:41PM PDT on Jul 3, 2009

My late uncle was a fireman in the UK, part of his time was served during WWII. As far as he was concerned the persons he served with protected him and he protected them. The most important aspect of being in charge of the relief was ensuring that the chief knew enough and was trained well enough to ensure the safety of the men. It did not matter what colour (& now what sex) that person is but their knowledge, experience & understanding of the dangers.

I object to the racial aspect because this is inverted racism and may put firefighters lives at risk. The best way forward is to ensure that any person who is interested in training for a more supervisory position has access to additional educational training. I'm not saying that non-whites are stupid but it is possible that the standard of education in their school may not have been sufficient to enable them to complete the tests properly. This will enable all applicants to prove that they have the knowledge, experience and understanding to be promoted within the system. Otherwise firefighters lives are in danger and death doesn't stop to check their ethnic origin!

Lynn S.

7:24AM PDT on Jul 3, 2009

"Justice Ginsburg argued that "there was a long history of race discrimination in firefighting," noting that as of 2003, only one out of of the city's 21 fire captains was African American."

Irrelevant observation, Justice Ginsberg! The relevant question is how many African American firefighters in the city were qualified to be captain. If the answer is one, then you are promoting a quota system based on racism. Funny how conservatives are always accused of racism when it is the liberals who foster it. Maintains their power base.

Darin N.

5:36PM PDT on Jul 2, 2009

Well in all fairness, all media coverage never points to specifics with regard to test questions and or grading/scoring. Was the test unfairly culturally biased? I believe most firefighters depending on their firehouse location, speak English effectively. A firefighters job is more than responding to fires. At least here in Cobb County, GA. Here, they respond to possible heart attacks, choking, whatever represents possible death and demands the fastest response... therefore communication is of vital importance.

If the facts are, that some people did not pass the test and others did-- given the data we have, the conclusion seems clear. Also, managing d o e s actually require having to assess liability, risk, as well as other administrative legal implications to any given command decision.

However, if there was discrimination in grading/scoring the tests, that would be a completely different matter. If this were true, then surely the media would be all over it. If I were a reporter, I'd strive to substantiate and break the story. Such a story would be widely read, selling papers and especially page hits. Translation- advertising revenue.

Because such a situation has yet to surface, I believe the Supreme Court came to the correct conclusion, and their ruling should stand.

Apparently, there was no substantiated case for discrimination. This is an open-shut case of standardized qualification . And as a member of a minority, I would have it no other wa