re: #36 subsailor68

I think I need lawhawk here. Did the SC decide that the New Haven test results weren’t in conflict with Title VII requirements, whereas Judge Sotomayor and the panel believed there may have been? IIRC, New Haven didn’t promote anyone, and threw out the test because they (via their attorneys) were afraid of a discrimination suit.

Personally, I’m really glad that the SC ruled for the firefighters, but maybe it’s time for Congress to revisit some of the Civil Rights Act provisions?

Sotomayor and the 2d Circuit simply issued a one paragraph opinion adopting the ruling of the District Court. The Supreme Court, in 5-4 opinion, found that the City of New Haven violated the rights of the white firefighters. Being afraid of being sued for allowing the results of the test to stand was insufficient as a reason to deny that the white firefighters were discriminated against. The threat of a lawsuit was insufficient as a reason to deny the civil rights of the white firefighters.

What this in effect suggests is that New Haven should have gone through with the results - promoted those firefighters and seen whether anyone sued on grounds of discrimination.

This could potentially lead to additional lawsuits in the future, but by the same token, it shows that you can’t merely discriminate against one bunch of people just because of the threat of discrimination against others.