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.
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25 comments:
Since when does a court make decisions based on FEAR of what someone else will do? Its a joke too.
Sonia just struck out!
The discrimination door swings both ways.
Caesar giveth, and Caesar taketh away.
More information needs to be gathered and made public here. Tests are notoriously racially biased. Did those that took the test and failed to receive promotions have the same experiences and backgrounds on the job? If they had an equal shot, then they were just not good enough. Too bad they lost out. If other factors come into play like test bias and job bias, then there is validity to their claims. You can not just say...too bad you are black or hispanic, thats nonsense
On md. state tests all persons takeing the tests are told what the tests will cover. They are given several months to study. If everyone is given this information and do not choose to take advantage of the oppurtunity the fault lies with the individual. It is my understanding that the test given in the Supreme Court case was signed off as a fair test by all persons involved, including the NAACP
The SCOTUS got it wrong.
1:50, read what you actually just wrote...
"Did those that took the test and failed to receive promotions have the same experiences and backgrounds on the job?"
NO! That's why they didn't score as well and thus were not eligible for promotion. You don't give a promotion to someone less experienced and qualified and just hope it works out... you give the job to the best applicant regardless of any other criteria.
Rob S
Rob S. Pleas understand what I wrote. What I mean here is if person A and person B have been given the same chances and experiences and one does better than the other, that is fine. It is when person A is deprived of these experieneces becasue of who or what they are that ensues a problem.
Sounds like this idiot is trying to make a case against racism that may or may not have existed by using racism ! If racism is wrong they why do you wish to use it???
I guess I am an idiot if I support a statistical point of view. I am not using racism as an excuse or a cause. Surely, you can understand that some people have been left out of promotional opportunities due to race. I have no idea if this is the case in this instance, although it appears the answer from a legal point of view, is no. I was just raising the point. I am sorry you have to stoop to name calling to make a counter point. Better luck next time.
How long should we keep racial preferences. They have been in effect for at least forty years now. Should we keep them another 40, 50 100 years?
No your trying to raise a question that has No merit or place in this decision . Either you agree to use race in decision making or not you on the other hand are using race to raise questions albeit around about way !
1:50
Your right the test is biased... against STUPID people!
Do you want someone who failed a life safety test handling your emergency?
4:08
Long enough for everyone to vote in a black president that has no experience....
If they are too stupid to take test, they are too stupid to be in charge period....
Just because your BLACK gives you NO reason to be promoted, your not a slave anymore, whites are to your bullshit!
Score one for whites....
wow this is great!
All over the State of Maryland, including ECI, gives their chosen ones especially the Minorities they want a list of all the questions that are on all the different ones being given on that date. All they have to do is study it and they will know the answers on all the test, which is usaully 3-5 different ones per test date. Also you should see the percentage ratio of Maryland / ECI promotions and tell me it is not racial biased. By the way these statistics are not allowed to be collected by Federal law, unless you are the Federal Government. Reverse discrimination will always be allowed since the Feds never reverse or eliminate a politically correct program. Theyneed votes.
Promotional exams are based on professional, not personal, expertise and experience. As the one commentor said, a study list is actually provided to those eligible to take the test. Diligently study the material on the study list and a candidate for promotion should do okay on the written test. Could it possibly be that hiring standards were lowered for minority candidates, and once on the job, those overlooked deficiencies prevented the minority candidates from doing well on promotional exams and oral boards?
I did police background checks for police officer applicants. After my background investigation was completed, I would rate the applicants on a scale of 1 (being the best) and 5 (being the worse). A candidate had to be god-like for me to rate them a 1. Little did I know that if a white applicant was not rated a 1, they were out of the running for a job. A minority candidate with a rating of 4 was still in the running and many were hired. After I learned of this, I refused to do another background check.
Additionally, most jurisdictions have a rule of 10 or as high as 20 when making promotions. This means the chief, who has the final authority to make promotions, can jump over the top 19 candidates on the established promotional list to get to a chosen candidate because of sex or race.
Especially with public safety it should be most qualified gets the job. Affirmative action itself is discriminatory.
If I'm more qualified why should someone else get the job just because I'm white? Soon to be a minority myself.
Come on now! The whites and blacks need to team up to defend their rights against the real threat. They are coming in the droves and have no desire to assimilate. They are bringing their culture with them. They have been empowered to do this by the idiots we have been electing into public office. These guys and ladies are actually ignoring laws on the books which prohibit this unarmed (and at times armed) invasion of our Nation.
When the whites become the minority soon, will they be given preferential treatment for jobs and promotions? No. The housing bust we are in now is because the feds demanded that banks provide loans to minorities. So the banks complied and gave mortages to minorities who couldn't afford the loans.
The most qualified person should get the promotion,PERIOD.Even playing field.
I cannot believe someone here thinks the reason the banks are in a state of ruin is because they gave loans to minorities that the couldn't afford. I am lmao right now because of the ignorance of SOME people here on the Eastern Shore. There is a black president, get over it, you had over 40 white presidents. Who could have been more inexperienced than Ronald Reagan..an actor! lol I hardly think blacks are to blame for the financial status of the banks. Get your facts straight.
It was not only minorities out there getting mortgages they could not afford......
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