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Reverse discrimination ruling leaves confusion
HARTFORD, Conn. (AP) – The Supreme Court ruling in favor of white New Haven firefighters who said they were victims of reverse discrimination will probably leave employers confused, civil rights advocates and labor attorneys say.
The court ruled 5-4 Monday that the white firefighters were denied promotions unfairly because of their race, reversing a decision that high court nominee Sonia Sotomayor endorsed as a federal appeals court judge.
The majority of justices said the city 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 city said it had acted to avoid a lawsuit from minorities.
While the court upheld that employers still have an obligation under civil rights laws to avoid discrimination in hiring, promoting and compensating workers, the ruling creates confusing standards on how to meet that obligation, said Wade Henderson, president and chief executive of the Leadership Conference on Civil Rights.
“Employers will now face a convoluted minefield when attempting to protect workers from discrimination,” Henderson said. “Employers are looking for bright lines ... they’re looking for clear directives to help them better understand how they can engage in nondiscriminatory decisions.”
The ruling is confusing, Henderson said, because the high court seemed to say that while New Haven officials tried to avoid discrimination, throwing out the test was discriminatory. “It puts employers in a real quandary,” he said.
The Obama administration should direct the government’s civil rights agencies to offer guidance on the ruling, said Shirley Wilcher, executive director of the American Association for Affirmative Action.
“In the meantime, we’re scratching our heads,” she said. “We’re concerned about the impact on employers who want to comply with the law and do not want to discriminate ... and it’s not clear how to do that.”
Bernard Jacques, a Hartford-based labor and employment attorney, also believes the ruling will stump many employers. The court ruled that test results alone are not enough to prove discrimination, that a “strong basis in evidence” is needed, but justices didn’t define that phrase, Jacques said.
Justice Anthony Kennedy said in the ruling, “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 David Souter, Stephen Breyer and John Paul Stevens signed onto Ginsburg’s dissent, which she read aloud in court Monday.
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