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Hater Depot
Joined: 29 Mar 2005
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 Posted: Fri Oct 23, 2009 3:45 pm Post subject: New Haven firefighter case sees predicted second lawsuit |
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http://www.slate.com/id/2233155/
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his June, in Ricci v. DeStefano, the Supreme Court held that the city of New Haven discriminated against white firefighters when it rejected the results of a promotion exam that eliminated almost all of the minority candidates. Frank Ricci and other white firefighters, as well as one Latino, claimed that the city intentionally discriminated against them on the basis of race, in violation of Title VII of the Civil Rights Act, by rejecting the exam simply because too many of the highest scorers were white and thus denying them promotions. New Haven's defense was that it rejected the exam because using it would have violated another part of Title VII that prohibits tests that have a disparate impact on minorities�meaning any test that needlessly screens out a disproportionate number of minorities. During oral argument, Justice Souter worried that Ricci's lawsuit put New Haven in a "damned if you do, damned if you don't situation": liable for disparate-impact discrimination against blacks if it used the test and liable for intentional discrimination against whites if it didn't use it.
Sure enough, last week, just as New Haven prepared to promote a group consisting almost entirely of white fire captains and lieutenants based on the exam results, a black New Haven firefighter, Michael Briscoe, filed a disparate-impact lawsuit against the city. Like Frank Ricci, Briscoe is a sympathetic plaintiff. He received the highest score of any candidate on the oral portion of the lieutenant's promotion exam. But he isn't eligible for promotion because the city based 60 percent of each candidate's score on the written exam. On this part of the test, Briscoe�like most black candidates for promotion�did comparatively badly. |
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Summer Wine
Joined: 20 Mar 2005
Location: Next to a River
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| Posted: Fri Oct 23, 2009 3:59 pm Post subject: |
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Maybe he should have studied harder.
Its a pain I know, but at the end of the day. Its what you do that determines your worth. |
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Fox
Joined: 04 Mar 2009
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| Posted: Fri Oct 23, 2009 5:23 pm Post subject: |
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| Unless the written portion of the exam was somehow more difficult to him because of his blackness, he's a pathetic whiner. He's clearly not a stupid guy if he did so well on the oral exam, so maybe he should have taken the process more seriously and studied for the written exam harder. He's not entitled to anything. In fact, this kind of "lottery lawsuit" really makes me feel that we need some sort of penalty for launching a failed lawsuit in our country. If I sue you and lose, I just wasted your time and our legal system's time forcing you to play a "game" you could only lose or break even at. It's time to introduce a strong element of risk for the plaintiff. |
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mises
Joined: 05 Nov 2007
Location: retired
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| Posted: Fri Oct 23, 2009 5:55 pm Post subject: |
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The disparate impact laws are odd. Best, just make racial quotas and pick the best available from each group (+ Hispanics, who get a group for being a kinda-culture). Individual rights are toast. Ok. Then mitigate the problems our brave new racialist future.
I've never been to New Haven and I'm sure it's a decaying city like so many cities in that part of the USA (was recently in Buffalo, Newark and Milwaukee). But if I am there, I sure hope I don't need the help of a competent firefighter. |
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