Reaverse discrimination case reversed/ - DFWstangs Forums
 
LinkBack Thread Tools Display Modes
post #1 of 17 (permalink) Old 06-29-2009, 09:44 AM Thread Starter
DFWMUSTANGS.NET
 
Join Date: Jun 2007
Posts: 3,635
Reaverse discrimination case reversed/

Court rules FOR white firefighters on promotions


http://news.yahoo.com/s/ap/us_suprem...ghters_lawsuit

WASHINGTON – 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 and make it harder to prove discrimination when there is no evidence it was intentional.

"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," Justice Anthony Kennedy said in his opinion for the court. He was joined 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 Stephen Breyer, David Souter and John Paul Stevens signed onto Ginsburg's dissent, which she read aloud in court Monday.

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.

Ricci's father, Jim Ricci said the ruling is a victory for firefighters across the country. "Now we're going to get the best managers as far as firefighters go. That's really important," Ricci said.

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, 22 blacks and 18 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.

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.
sc281_99-0135 is offline  
Sponsored Links
Advertisement
 
post #2 of 17 (permalink) Old 06-29-2009, 10:02 AM
Bullet Sponge
 
forever_frost's Avatar
 
Join Date: Feb 2007
Location: Cooper, Tx
Posts: 3,142
Did you notice where Ginsburg basically said "we need more blacks. There has only been one captain who was black." Maybe someone should explain racism more carefully to her
forever_frost is offline  
post #3 of 17 (permalink) Old 06-29-2009, 11:26 AM
T-MINUS
 
Sean88gt's Avatar
 
Join Date: Sep 2000
Posts: 28,540
Sotomywhore will explain racism to her..

1/19/09, the last day of Free America.
Pericles "Freedom is the sure possession of those alone who have the courage to defend it. "

"[T]he people alone have an incontestable, unalienable, and indefeasible right to institute government and to reform, alter, or totally change the same when their protection, safety, prosperity, and happiness require it." --Samuel Adams


Sean88gt is offline  
 
post #4 of 17 (permalink) Old 06-29-2009, 11:35 AM
WE ARE THE CHAMPIONS!
 
Sgt Beavis's Avatar
 
Join Date: Jul 2002
Location: Lake Dallas, TX
Posts: 10,859
Quote:
Originally Posted by forever_frost View Post
Did you notice where Ginsburg basically said "we need more blacks. There has only been one captain who was black." Maybe someone should explain racism more carefully to her
No, that is discrimination, not racism. The two are related but distinctly different.

Quote:
Originally Posted by Sean88gt View Post
Sotomywhore will explain racism to her..
Not likely since she is Ginsburg's replacement.

We're Adopting. Contact us through our website.

http://www.theboyetts.com

You can also LIKE us on Facebook
Sgt Beavis is offline  
post #5 of 17 (permalink) Old 06-29-2009, 11:39 AM
T-MINUS
 
Sean88gt's Avatar
 
Join Date: Sep 2000
Posts: 28,540
Quote:
Originally Posted by Sgt Beavis View Post
No, that is discrimination, not racism. The two are related but distinctly different.



Not likely since she is Ginsburg's replacement.
Umm..No she isn't. She is replacing Bush 1's biggest mistake, Souter.

1/19/09, the last day of Free America.
Pericles "Freedom is the sure possession of those alone who have the courage to defend it. "

"[T]he people alone have an incontestable, unalienable, and indefeasible right to institute government and to reform, alter, or totally change the same when their protection, safety, prosperity, and happiness require it." --Samuel Adams


Sean88gt is offline  
post #6 of 17 (permalink) Old 06-29-2009, 12:19 PM
WE ARE THE CHAMPIONS!
 
Sgt Beavis's Avatar
 
Join Date: Jul 2002
Location: Lake Dallas, TX
Posts: 10,859
Quote:
Originally Posted by Sean88gt View Post
Umm..No she isn't. She is replacing Bush 1's biggest mistake, Souter.
You're right. I forgot about that. Ginsburg is likely to leave due to medical issues but she hasn't said that she is stepping down.

We're Adopting. Contact us through our website.

http://www.theboyetts.com

You can also LIKE us on Facebook
Sgt Beavis is offline  
post #7 of 17 (permalink) Old 06-29-2009, 12:21 PM
T-MINUS
 
Sean88gt's Avatar
 
Join Date: Sep 2000
Posts: 28,540
Quote:
Originally Posted by Sgt Beavis View Post
You're right. I forgot about that. Ginsburg is likely to leave due to medical issues but she hasn't said that she is stepping down.
I've never prayed more for someone's health to be restored than her's. I want her to live until the next Conservative President.

1/19/09, the last day of Free America.
Pericles "Freedom is the sure possession of those alone who have the courage to defend it. "

"[T]he people alone have an incontestable, unalienable, and indefeasible right to institute government and to reform, alter, or totally change the same when their protection, safety, prosperity, and happiness require it." --Samuel Adams


Sean88gt is offline  
post #8 of 17 (permalink) Old 06-29-2009, 12:24 PM
T5-T56-Tremec specialist
 
thesource's Avatar
 
Join Date: Nov 2004
Location: Heading back to Plentywood
Posts: 8,389
Sotomayor has been shot down once more for a poor decision....... I think we should reward her with a promotion to the Supreme Court.
thesource is offline  
post #9 of 17 (permalink) Old 06-29-2009, 12:36 PM
Lifer
 
GT Dan's Avatar
 
Join Date: Sep 2005
Posts: 3,335
Quote:
Originally Posted by forever_frost View Post
Did you notice where Ginsburg basically said "we need more blacks. There has only been one captain who was black." Maybe someone should explain racism more carefully to her
Quote:
Originally Posted by Sgt Beavis View Post
No, that is discrimination, not racism. The two are related but distinctly different.
The ruling that denied these guy promotion was discrimination.

Her ranting about a latina female making a better decision that a white guy is racism.

- she's a winner for sure...

Quote:
Originally Posted by thesource View Post
Sotomayor has been shot down once more for a poor decision....... I think we should reward her with a promotion to the Supreme Court.
Of her decisions that went to the Supreme Court, 60% have been reversed...
GT Dan is offline  
post #10 of 17 (permalink) Old 06-29-2009, 10:06 PM
Time Served
 
Join Date: Mar 2006
Location: Watauga Tx
Posts: 659
cant wait till the minorities teach the evil white people a lesson for being "racists"

The trouble with doing something right the first time is that nobody appreciates how difficult it was.
Slammy is offline  
post #11 of 17 (permalink) Old 06-29-2009, 10:29 PM
Lifer
 
Hass's Avatar
 
Join Date: Aug 2008
Posts: 1,713
Quote:
Originally Posted by thesource View Post
Sotomayor has been shot down once more for a poor decision....... I think we should reward her with a promotion to the Supreme Court.
LOL!

And at the same time because it's going to happen.
Hass is offline  
post #12 of 17 (permalink) Old 06-29-2009, 10:36 PM
PAN
 
Join Date: Mar 2002
Location: Under a rock
Posts: 20,154
Quote:
Originally Posted by Slammy View Post
cant wait till the minorities teach the evil white people a lesson for being "racists"


Sadly the whites are probably the least racist of all...
Fox466 is offline  
post #13 of 17 (permalink) Old 06-29-2009, 11:41 PM
IA2
 
mikeb's Avatar
 
Join Date: Mar 2001
Posts: 22,413
Quote:
Originally Posted by Slammy View Post
cant wait till the minorities teach the evil white people a lesson for being "racists"
Its not gonna be too long until the white people ARE minorities according to demographic data that i've read. It'll be interesting then if the previous minorities are interested in the same rights that they have been campaigning for all of these years, when they would apply to white people.
mikeb is offline  
post #14 of 17 (permalink) Old 06-29-2009, 11:48 PM
Time Served
 
Join Date: Mar 2006
Location: Watauga Tx
Posts: 659
Thats exactly what i was getting at. Its gonna be KILL WHITEY for all the shit we supposedly have done to them. I like how when talking about slavery how blacks forget that it was also white people that said it was wrong and DIED to change it. They act like they had to changed, umm no it was the white people themselves who brought the change on thru sacrifice.

The mexicans now days just think that white people are lazy and that since they have done alot of the construction in the last few decades that they deserve the country or something. Oh really? What about all the white immigrants who built everything the first time? Im sure the millions of irish railroad workers would have alot to say about that!

The trouble with doing something right the first time is that nobody appreciates how difficult it was.
Slammy is offline  
post #15 of 17 (permalink) Old 06-30-2009, 07:43 AM
BP
Keep your unicorns
 
BP's Avatar
 
Join Date: Apr 2000
Location: At the Dexter Lake Club
Posts: 12,422
Quote:
Originally Posted by thesource View Post
Sotomayor has been shot down once more for a poor decision....... I think we should reward her with a promotion to the Supreme Court.
5 out of 6 so far.

Buell 1125R
Raptor 700R
No fast cars though
BP is offline  
post #16 of 17 (permalink) Old 06-30-2009, 08:00 AM
Lifer
 
line-em-up's Avatar
 
Join Date: Mar 2003
Location: Somewhere south of here.
Posts: 5,810
...

Quote:
Originally Posted by Fox466 View Post
Sadly the whites are probably the least racist of all...

We'll find out soon enough.
line-em-up is offline  
post #17 of 17 (permalink) Old 06-30-2009, 08:05 AM
Lifer
 
line-em-up's Avatar
 
Join Date: Mar 2003
Location: Somewhere south of here.
Posts: 5,810
...

Quote:
Originally Posted by Slammy View Post
Thats exactly what i was getting at. Its gonna be KILL WHITEY for all the shit we supposedly have done to them. I like how when talking about slavery how blacks forget that it was also white people that said it was wrong and DIED to change it. They act like they had to changed, umm no it was the white people themselves who brought the change on thru sacrifice.

The mexicans now days just think that white people are lazy and that since they have done alot of the construction in the last few decades that they deserve the country or something. Oh really? What about all the white immigrants who built everything the first time? Im sure the millions of irish railroad workers would have alot to say about that!
Speaking of Messicans. I guess our crazy ass California neighbors decided they had enough of their nasty ass goats. When we drove by their house about 6PM, they had a big sign on their fence that said, "FREE GOATS". One of us remarked, "It won't take long before a messican comes in to get them". By 7pm, there were 2 messican goat roapers out there rounding them up. I bet someone is having a BBQ this weekend.
line-em-up is offline  
Sponsored Links
Advertisement
 
Reply

Bookmarks

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the DFWstangs Forums forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in










Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page
Display Modes
Linear Mode Linear Mode



Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome