Supreme Court rules against discrimination in fire service promotions

[mikeinet 37]

http://www.msnbc.msn.com/id/31609275/ns/po...cs-white_house/

WASHINGTON - The Supreme Court has ruled 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.

Edited June 29, 2009 by mikeinet

[Bull McCaffrey 162]

In this day and age this ruling certainly comes as a breath of fresh air.

New Haven 20 Ruling

[AFS1970 504]

Outstanding news. Congratulations Brothers.

[Hess1075 4]

Awsome...

Best Saying ive ever heard regaurding any situation like this....

" Fire doesnt care what color you are"...

Congrats

[nfd2004 750]

Yes its Great News, BUT, I wouldn"t want to be a firefighter or officer working in a New Haven Firehouse today. I"m sure it"s not easy from both sides today. Probadly a good afternoon to have some hands on training or catch a good job. Otherwise, it could be a long afteroon for them.

[IzzyEng4 427]

Yes its Great News, BUT, I wouldn"t want to be a firefighter or officer working in a New Haven Firehouse today. I"m sure it"s not easy from both sides today. Probadly a good afternoon to have some hands on training or catch a good job. Otherwise, it could be a long afteroon for them.

Come on the only thing they would be arguing about today is what they always argue about in the firehouse..............what's for lunch. The NH Register had that quote in it this morning's edition and stated they guys and gals barley talk about the case in the firehouses.

[lad12derff 283]

This is a major win for the American fire service. Thank you NH20 for standing up for and fighting against what many people only bow down to and that is discrimination in the fire service. There is no such thing as reverse discrimination only discrimination. Thank you again!!!!!!!

[nfd2004 750]

Come on the only thing they would be arguing about today is what they always argue about in the firehouse..............what's for lunch. The NH Register had that quote in it this morning's edition and stated they guys and gals barley talk about the case in the firehouses.

Yes, but what do they talk about "AFTER LUNCH" ??? I just hope everybody is professional enough and doesn"t get caught up in a little tit for tat. And I"m sure the effects of this ruling is being disputed in other city firhouses too.

[ONEEYEDMIC 68]

So what does this mean for the test that was thrown out? Were scores posted? Has anyone retired from that list and can they sue for money possilby lost?

[NYRangers30 1]

Come on the only thing they would be arguing about today is what they always argue about in the firehouse..............what's for lunch. The NH Register had that quote in it this morning's edition and stated they guys and gals barley talk about the case in the firehouses.

I have been following this case, and whole story very closely since it broke a while back but it is really an interesting case. It doesn't surprise me that they didn't talk about it much in the firehouses for this reason: There wasn't a group of people who "forced" the City of New Haven to do this. The city did it on their own in fear of a law suit, but as far as i know there was not one about to be pressed or even in the works.

It is a great step in society, hopefully not only in the fire service, but every other industry will recognize this as a step in the right direction, and that your race should not matter either way when applying and hiring for a job.

[LaurBecca7 1]

http://www.msnbc.msn.com/id/31609275/ns/po...cs-white_house/

I've been involved in the fire service for 30 years first in NYC now in CT. I've seen the different ways departments have been mandated by courts and politicians to implement affirmative action hirings. In this business, the FD and the PD, it isn't right. I've always said I don't care if you are white or black or brown or yellow or green or male or female or both, I don't care. As long as you take and pass one test, one physical and get on the list. When your number comes up your hired. As dangerous as both jobs are we need the best qualified to do it and to back each other up. We need the best qualified who are going to pull their own weight and do what is required to get the job done no matter what is asked. Let's not be afraid of what people say or think. Let's do the right thing and get the best out there.

[jcoppola 52]

I want to congratulate the NH20 on thier victory. We all know how hard they fought for what they felt was right and I applaud their efforts!

[paratrooper75 41]

GREAT NEWS!!!!!

[M' Ave 1,466]

This is great news!!! Finally the Supreme Court has stopped the handouts!

Hopefully other similar cases (especially the local ones!) fall in line.

It's an equal playing field, thankfully this will help that remain.

We're assured equal rights towards achieving success.....no one is promised success.

Edited June 30, 2009 by M' Ave

[georged4997 0]

Yes, but what do they talk about "AFTER LUNCH" ??? I just hope everybody is professional enough and doesn"t get caught up in a little tit for tat. And I"m sure the effects of this ruling is being disputed in other city firhouses too.

from 1977 till i retired in 2002 all we had was law suits in bridgeport connecticut. be it entrance exam or promotional exams they were all banned.

certain individuals were promoted over others that didnt even pass the test high enough. just wish this happened 30 yrs ago. many thanks to the new haven 20. they worked hard and prevailed.

[helicopper 1,050]

In case anyone wants to read the decision, including dissenting opinions, it is attached in pdf format.

07_1428.pdf

[Geppetto 31]

Supreme Court ruling in firefighters' case could have local impact

By Michael P. Mayko

Stamford Advocate

06/29/2009

Monday's U.S. Supreme Court ruling that New Haven unfairly denied promotions to white firefighters because it feared being sued by minorities who scored poorly on tests will set new standards for hiring and promotions, some legal experts said, and may have a dramatic impact on a similar case involving Bridgeport.

"Municipalities should be dancing in the streets," said Richard Albrecht, a lawyer representing 12 white Bridgeport firefighters who filed a similar reverse discrimination case earlier this year. "What the Supreme Court is saying is get back to firefighting and policing and stop trying to solve societal problems in the context of municipal employment."

"The ruling further erodes Title VII," said Michael Koskoff, a Bridgeport lawyer who, in the 1970s, brought several successful federal suits under that anti-discrimination law and forced cities such as Bridgeport and New Haven to hire minorities in what were almost exclusive white police and fire departments. "It appears that where we are heading is back to promoting those who score highest on exams without regard to diversity." ...

http://www.stamfordadvocate.com/localnews/ci_12717593

[Bnechis 3,961]

"It appears that where we are heading is back to promoting those who score highest on exams without regard to diversity." ...

What an amazing concept

[jack10562 414]

So what does this mean for the test that was thrown out? Were scores posted? Has anyone retired from that list and can they sue for money possilby lost?

I'm no lawyer, but a precedent has now been established by the highest court in the land, and those who have been "injured" as a result of any previous racial discrimination can file for relief, and most likely prevail!

[INIT915 1,119]

I'm no lawyer, but a precedent has now been established by the highest court in the land, and those who have been "injured" as a result of any previous racial discrimination can file for relief, and most likely prevail!

Those City officials can (and will) claim Qualified Immunity. And in my opinion, they will win, thereby avoiding personal civil liability.

[ajsbear 11]

From today's Journal News

"MOUNT VERNON - The lawyer for a city firefighter who filed a federal reverse-discrimination lawsuit against the city after being denied a promotion said yesterday that he might seek a favorable ruling without trial for his client in the wake of a U.S. Supreme Court decision on the role of race in job advancement."

http://www.lohud.com/article/2009906300350

Edited June 30, 2009 by ajsbear

[NYRangers30 1]

From today's Journal News

"MOUNT VERNON - The lawyer for a city firefighter who filed a federal reverse-discrimination lawsuit against the city after being denied a promotion said yesterday that he might seek a favorable ruling without trial for his client in the wake of a U.S. Supreme Court decision on the role of race in job advancement."

http://www.lohud.com/article/2009906300350

I wish him the best of luck but it is going to be tough. I have read a good amount of the actual ruling from the supreme court, but another member of my company who is a lawyer said that the ruling itself is different than what most people think. According to him the ruling was that the City of New Haven was wrong for throwing out the results BEFORE they were sued. It is unclear if they would had ruled a different way if a lawsuit had been pressed by the minorities then the results were thrown out.