Monday, June 29, 2009
UPDATED: Supreme Court rules in favor of white New Haven firefighters in Ricci v DeStefano. Watch press conference with New Haven 20.
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Read Supreme Court ruling in Ricci v DeStefano
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"I think this is proof positive that if you work hard in a America that you can accomplish anything." The words of lead plaintiff Franks Ricci as reported by the New Haven Register following today's ruling by the US Supreme Court.
Here's more from William Kaempffer's article:
Fire Lt. Matt Marcarelli, a plaintiff who scored first on the captain’s test, said he felt “humbled...elated...and proud,” Monday.
The last four years have been hard but “you have to have faith in the system,” Marcarelli said, and the decisions in the lower court “shook our faith.”
Coming to work during the past four years and putting on a lieutenant’s badge, while working as an acting captain, he said he “felt robbed,” and “was constantly reminded that we were discriminated against.”
“As firefighters we certainly did not want to make our mark in firefighter history in a courtroom but it appears that’s what we’ve done,” Marcarelli said.
Monday evening, Joseph B. Muhammad, president of the International Association of Black Professional Firefighters, issued a statement expressing the organization's disappointment with the ruling. It said in part:
Especially disheartening is the Court’s failure to see the changing face of race issues and the need for diversity in this country; particularly in our safety forces as they continue to take not only a community, but a more global role.
From the AP:
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.
The ruling could alter employment practices nationwide and make it harder to prove discrimination when there is no evidence it was intentional.
Frank Ricci, courtesy PenWell Corporation's Fire Engineering.
The ruling could give Sotomayor's critics fresh ammunition two weeks before her Senate confirmation hearing. Conservatives say it shows she is a judicial activist who lets her own feelings color her decisions. On the other hand, liberal allies say her stance in the case demonstrates her restraint and unwillingness to go beyond established precedents.
Coincidentally, the court may have given a boost to calls for quick action on her nomination.
The court said it will return Sept. 9 to hear a second round of arguments in a campaign finance case, and with Justice David Souter retiring there would be only eight justices unless Sotomayor has been confirmed by then.
In Monday's ruling, Justice Anthony Kennedy said, "Fear of litigation alone cannot justify an employer's reliance on race to the detriment of individuals who passed the examinations and qualified for promotions." He was joined in the majority by Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas.
In dissent, Justice Ruth Bader Ginsburg said the white firefighters "understandably attract this court's sympathy. But they had no vested right to promotion. Nor have other persons received promotions in preference to them."
Justices Souter, Stephen Breyer and John Paul Stevens signed onto Ginsburg's dissent, which she read aloud in court Monday. Speaking dismissively of the majority opinion, she predicted the court's ruling "will not have staying power."
Kennedy's opinion made only passing reference to the work of Sotomayor and the other two judges on the 2nd U.S. Circuit Court of Appeals who upheld a lower court ruling in favor of New Haven.
But the appellate judges have been criticized for producing a cursory opinion that failed to deal with "indisputably complex and far from well-settled" questions, in the words of another appeals court judge, Sotomayor mentor Jose Cabranes.
"This perfunctory disposition rests uneasily with the weighty issues presented by this appeal," Cabranes said, in a dissent from the full 2nd Circuit's decision not to hear the case.
Sen. Patrick Leahy, chairman of the Judiciary Committee, said Sotomayor should not be criticized for the unsigned appeals court decision, which he asserted she did not write. "Judge Sotomayor and the lower court panel did what judges are supposed to do, they followed precedent," said the Vermont Democrat who will preside over Sotomayor's confirmation hearings next month.
Leahy also called the high court decision "cramped" and wrong.
In New Haven, Nancy Ricci, whose son, Frank, was the lead plaintiff on the lawsuit, carried a large cake decorated with red, white and blue frosting into the law office where the firefighters were celebrating their victory.
The ruling is "a sign that individual achievement should not take a back seat to race or ethnicity," said Karen Torre, the firefighters' attorney. "I think the import of the decision is that cities cannot bow to politics and pressure and lobbying by special interest groups or act to achieve racial quotas."
At a press conference on the steps of city hall in New Haven, firefighter Frank Ricci said the ruling showed that "if you work hard, you can succeed in America."
Monday's decision has its origins in New Haven's need to fill vacancies for lieutenants and captains in its fire department. It hired an outside firm to design a test, which was given to 77 candidates for lieutenant and 41 candidates for captain.
Fifty-six firefighters passed the exams, including 41 whites, nine blacks and six Hispanics. But of those, only 17 whites and two Hispanics could expect promotion.
The city eventually decided not to use the exam to determine promotions. It said it acted because it might have been vulnerable to claims that the exam had a "disparate impact" on minorities in violation of the Civil Rights Act of 1964.
The white firefighters said the decision violated the same law's prohibition on intentional discrimination. The lawsuit was filed by 20 white plaintiffs, including one man who is both white and Hispanic.
Kennedy said an employer needs a "strong basis in evidence" to believe it will be held liable in a disparate impact lawsuit. New Haven had no such evidence, he said.
The city declined to validate the test after it was given, a step that could have identified flaws or determined that there were no serious problems with it. In addition, city officials could not say what was wrong with the test, other than the racially skewed results.
"The city could be liable for disparate-impact discrimination only if the examinations were not job related" or the city failed to use a less discriminatory alternative, Kennedy said. "We conclude that there is no strong basis in evidence to establish that the test was deficient in either of these respects."
But Ginsburg said the court should have assessed "the starkly disparate results" of the exams against the backdrop of historical and ongoing inequality in the New Haven fire department. As of 2003, she said, only one of the city's 21 fire captains was African-American.
Until this decision, Ginsburg said, the civil rights law's prohibitions on intentional discrimination and disparate impact were complementary, both aimed at ending workplace discrimination.
"Today's decision sets these paired directives at odds," she said.
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Ok, I'll be the first.
I like how Justice Ginsberg said the white firefighters had "no vested right to promotion."
Um, I believe they passed the test that was administered to ALL candidates, hereby indeed giving them a right to promotion.
Now, as a white career firefighter, I'd like to learn something I cannot fathom. Can someone please explain to me how a test can be racially discriminatory when it is given to all employees of a jurisdiction that have, or should have, the same ability to study the same materials that are put out in a test announcement?
I am not trying to start a fight, I am just trying to understand how something can be racially biased
I like how Justice Ginsberg said the white firefighters had "no vested right to promotion."
Um, I believe they passed the test that was administered to ALL candidates, hereby indeed giving them a right to promotion.
Now, as a white career firefighter, I'd like to learn something I cannot fathom. Can someone please explain to me how a test can be racially discriminatory when it is given to all employees of a jurisdiction that have, or should have, the same ability to study the same materials that are put out in a test announcement?
I am not trying to start a fight, I am just trying to understand how something can be racially biased
# posted by 
: June 29, 2009 10:46 AM
: June 29, 2009 10:46 AM
Thanks, Dave for reporting this breaking news. This is a great victory for all. NO ONE should be granted OR denied the chance for advancement because of their race, color, or creed.
Fire department promotional processes are generally spelled out clearly, with a system of quantitative measurements. Those who score the highest get promoted first - regardless of race. Generally, all candidates have equal access to required study materials.
So much for an "empathetic" justice!!
Fire department promotional processes are generally spelled out clearly, with a system of quantitative measurements. Those who score the highest get promoted first - regardless of race. Generally, all candidates have equal access to required study materials.
So much for an "empathetic" justice!!
No firefighter has a vested right to promote. Everyone is afforded the same opportunity. Study hard and do well on the test and you should'nt have to worry about politics. Thank you to the 5 judges that saw it that way.
# posted by : June 29, 2009 12:43 PM
: June 29, 2009 12:43 PM
In an article by the AP about this ruling, it said that 41 white firefighters, 22 black firefighters, and 18 hispanic firefighters passed the exam. That means that 41 white firefighters and 40 'minority' firefighters passed the exam.
The media didn't report this when the news about this case being heard by the Supreme Court was being reported. They only focused on the fact that due to the amount of vacancies that 17 white firefighters and 2 hispanic were the only ones expected to get promoted. They reported their stories to skew things to make it sound like only white firefighters passed the test, but as we can see from the results listed above that is not the case.
The 17 white firefighters and 2 hispanic firefighters were the highest scorers on the test. The test was written by one of these professional test writing companies who make sure that their tests are written so that they won't discriminate against anyone. And all members who took the test had the same notice of when the test would be given and had the same knowledge of and access to the study materials.
This was a good ruling as why should we punish those who studied the hardest? There was no discrimination, it's simply a case of these members scoring better on a fair examination. If they scored the highest because they studied the hardest and everything was done fairly (as it was), then they deserve the promotions as they rightly earned them. Those who don't like the results need to study harder the next time.
And the quote from Justice Ginsberg is ridiculous. Though, that is the norm from her. They had a 'vested right to promotion' based upon them scoring the highest on the promotional examination.
The media didn't report this when the news about this case being heard by the Supreme Court was being reported. They only focused on the fact that due to the amount of vacancies that 17 white firefighters and 2 hispanic were the only ones expected to get promoted. They reported their stories to skew things to make it sound like only white firefighters passed the test, but as we can see from the results listed above that is not the case.
The 17 white firefighters and 2 hispanic firefighters were the highest scorers on the test. The test was written by one of these professional test writing companies who make sure that their tests are written so that they won't discriminate against anyone. And all members who took the test had the same notice of when the test would be given and had the same knowledge of and access to the study materials.
This was a good ruling as why should we punish those who studied the hardest? There was no discrimination, it's simply a case of these members scoring better on a fair examination. If they scored the highest because they studied the hardest and everything was done fairly (as it was), then they deserve the promotions as they rightly earned them. Those who don't like the results need to study harder the next time.
And the quote from Justice Ginsberg is ridiculous. Though, that is the norm from her. They had a 'vested right to promotion' based upon them scoring the highest on the promotional examination.
# posted by : June 29, 2009 12:59 PM
: June 29, 2009 12:59 PM
Horray. I may once again have faith in the system. When I am riding down the street in the wagon I don't care who is in the front seat, back seat or chiefs buggy as long as they are the best qualified person for the job. This is a wonderful day for all of us who care about the quality of our work. Let the best person for the job have it, throw quotas out the window and support quality work and superior job performance.
To the New Haven 20, Thank You. You have successfully brought this ridiculous practice to the fore front. I thank you for your efforts
To the New Haven 20, Thank You. You have successfully brought this ridiculous practice to the fore front. I thank you for your efforts
# posted by : June 29, 2009 1:01 PM
: June 29, 2009 1:01 PM
Hopefully this is a step in the right direction: hiring and promoting the best people for the job.
# posted by : June 29, 2009 1:03 PM
: June 29, 2009 1:03 PM
How much do you want to bet that if 17 black firefighters and only 2 white firefighters were in line to be promoted, that the city of New Haven wouldn't have tried to throw out the results.
# posted by : June 29, 2009 1:30 PM
: June 29, 2009 1:30 PM
So that's what you call it...an "an adjustment center". Richmond Va. spends large sums of money testing only to have "an adjustment center" rank the employees the way they (the fire department) see fit. The best part is they still skip people. Believe it or not...the #1 person has not been promoted several times.
# posted by : June 30, 2009 8:11 AM
: June 30, 2009 8:11 AM
Has any one heard what the INTERNATIONAL ASSOCATION OF WHITE FIREFIGHTERS SAID?
# posted by : June 30, 2009 10:59 AM
: June 30, 2009 10:59 AM
Has any one heard what the INTERNATIONAL ASSOCATION OF WHITE FIREFIGHTERS SAID?
# posted by : June 30, 2009 10:59 AM
: June 30, 2009 10:59 AM
In reading the US Supreme Court Decision and reading the comments here I am of the belief that it was the correct decision. I am curious does the city of new Haven
Connecticut have full intentions of Promoting these 20 Firefighters?
One would hope that immediate action by the city to Promote these guys with back pay. Does anyone know whether or not New Haven Fire Dept. has a second portion of their Promotional Exam process? ie; An ASSESSMENT type procedure which can/will bring out the skills and ability necessary for Good Fire dept Management. This
is a vital issue to bring about today's issues of leadership and Personnel Management. This is especially critical in a scenario
where Fire ground command can/must
be such that First Level Officers/ Station Officers/individual Apparatus Officers etc. Officer Candidate/Command Training will bring the most important issue of concern in today's 21st Century
Fire and EMS Service. "FIREFIGHTER SAFETY/EVERYONE GOES HOME"
While a Basic Body of Knowledge is an intergral portion of any Promotion primarily within a written exam, the actual hands on Training to become the best possible Professional Officer in OCS environment is/and make the best selection of new officers. The Supreme Court Decision has put the New Haven Fire Dept on the correct track/path to follow and
ensure this.
Thank You
Connecticut have full intentions of Promoting these 20 Firefighters?
One would hope that immediate action by the city to Promote these guys with back pay. Does anyone know whether or not New Haven Fire Dept. has a second portion of their Promotional Exam process? ie; An ASSESSMENT type procedure which can/will bring out the skills and ability necessary for Good Fire dept Management. This
is a vital issue to bring about today's issues of leadership and Personnel Management. This is especially critical in a scenario
where Fire ground command can/must
be such that First Level Officers/ Station Officers/individual Apparatus Officers etc. Officer Candidate/Command Training will bring the most important issue of concern in today's 21st Century
Fire and EMS Service. "FIREFIGHTER SAFETY/EVERYONE GOES HOME"
While a Basic Body of Knowledge is an intergral portion of any Promotion primarily within a written exam, the actual hands on Training to become the best possible Professional Officer in OCS environment is/and make the best selection of new officers. The Supreme Court Decision has put the New Haven Fire Dept on the correct track/path to follow and
ensure this.
Thank You
# posted by : June 30, 2009 11:58 AM
: June 30, 2009 11:58 AM
Let's not get too excited yet. Read the opinion to the end it doesn't certify or accept the current list. The case has been sent back to lower courts for further action.
# posted by : June 30, 2009 12:51 PM
: June 30, 2009 12:51 PM
The decision made by the Court is the right one. The response from the Black Professional Firefighters Assn angers me. There is nothing they can claim that was unfair in the process. Schools have been integrated since anyone who took the test have been alive, so they cant claim unfair educational advantage. I dont even know why race even came into play. Is there something wrong with being fair? And no, Affirmative Action is not fair in the least bit. If the situation was reversed all hell would have broken loose. I think its time for the NAACP, IABPFA and all other organizations of the like to go away. They are racist organizations!
# posted by : June 30, 2009 3:38 PM
: June 30, 2009 3:38 PM
Richmond, don't feel alone. Alexandria also does not promote the top part of their lists. They use the rule of 7's which allows the Chief to select anyone in the top seven...anyone he wants based on nothing.
# posted by : June 30, 2009 4:56 PM
: June 30, 2009 4:56 PM
Let's not get too excited yet. Read the opinion to the end it doesn't certify or accept the current list. The case has been sent back to lower courts for further action.
It reversed the lower courts decesion. And futhur legal rulings must be based off their decision
It reversed the lower courts decesion. And futhur legal rulings must be based off their decision
# posted by : June 30, 2009 5:58 PM
: June 30, 2009 5:58 PM
I have been on both sides of promotional exams- taking them and administering them. It has been my experience that test administrators are well aware of the things that make tests " a level playing field."
The sad fact is that many Fire Chiefs are forced to promote those who score lower than others in order to meet quotas.
If the IBAFF is really concerned about equality, they should look at this decision in the eyes of ALL nationalities.
The sad fact is that many Fire Chiefs are forced to promote those who score lower than others in order to meet quotas.
If the IBAFF is really concerned about equality, they should look at this decision in the eyes of ALL nationalities.
# posted by : June 30, 2009 8:19 PM
: June 30, 2009 8:19 PM
Sooner or later, this country is going to have to decide if it is going to have equal opportunity, or a quota system. You can't have both.
Everyone seems to like equal opportunity, unless the outcome of same is not what one wanted.
Everyone seems to like equal opportunity, unless the outcome of same is not what one wanted.
# posted by : July 1, 2009 1:02 PM
: July 1, 2009 1:02 PM
The "best qualified" is a joke in this country. Diversity trumps all else. The ONLY industry in the U.S. where the truly best qualified get hired is in professional sports. (they must have an exemption)
# posted by : July 1, 2009 1:06 PM
: July 1, 2009 1:06 PM
So the blacks want to be equal, but they can't pass a standardized test.
The blacks are allowed to have organizations such as Vulcan Blazers and International Association of BLACK firefighters, but whites can't, because it's racist.
Basically, we're still paying for something our ancestors "MAY" have been involved in- slavery ("May" in quotations because we're not sure whose ancestors were involved).
Guess Affirmative Action should be called "Putting the black man ahead", because it certainly does nothing for white males who are a minority in several urban centers.
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The blacks are allowed to have organizations such as Vulcan Blazers and International Association of BLACK firefighters, but whites can't, because it's racist.
Basically, we're still paying for something our ancestors "MAY" have been involved in- slavery ("May" in quotations because we're not sure whose ancestors were involved).
Guess Affirmative Action should be called "Putting the black man ahead", because it certainly does nothing for white males who are a minority in several urban centers.
# posted by : July 2, 2009 11:58 PM
: July 2, 2009 11:58 PM Links to this post:
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