What was the case of Ricci v DeStefano?
Aug 19, 2009 · Attorney Karen Lee Torre (who represents the group of firefighters challenging the city’s decision) and New Haven Corporation Counsel Victor Bolden (who represents the City of New Haven — though he has only been in that position for seven months) both talked about what they thought the Ricci case would mean going forward and some of the history leading up to …
What did Sonia Sotomayor do in Ricci v DeStefano?
RICCI V. DESTEFANO 557 U. S. ____ (2009) SUPREME COURT OF THE UNITED STATES NOS. 07-1428 AND 08-328. FRANK RICCI, et al., PETITIONERS. 07–1428 v. JOHN DeSTEFANO et al. FRANK RICCI, et al., PETITIONERS. 08–328 v. JOHN DeSTEFANO et al. on writs of certiorari to the united states court of appeals for the second circuit [June 29, 2009]
What would a DeStefano case mean for employers'ability to discriminate?
Karen DuBois-Walton, the City’s chief administrative officer, spoke on behalf of Mayor John DeStefano and argued against certifying the results. DuBois-Walton stated that the results, when considered under the rule of three and applied to then-existing captain and lieutenant vacancies, created a situation in which black and Hispanic candidates were disproportionately excluded …
Why did Frank Ricci sue the mayor of New Haven?
Jul 14, 2009 · Jack Ryan is an attorney in Rhode Island, a graduate Juris Doctorate, Cum Laude Suffolk University Law School. Jack has 20 years police experience as a police officer with the Providence Police Department, Providence, RI. Jack’s law degree and experience as a police officer gives him the unique perspective of the legal and liability issues.
What was the Supreme Court ruling in Ricci v DeStefano?
DeStefano, case alleging racial discrimination that was decided by the U.S. Supreme Court on June 29, 2009. The court's decision, which agreed that the plaintiffs were unfairly kept from job promotions because of their race, was expected to have widespread ramifications for affirmative action and civil rights law.
Why did New Haven firefighters sue?
NEW HAVEN — Dozens of New Haven firefighters filed a lawsuit in Superior Court in New Haven Friday, alleging that the city's Civil Service Board illegally extended the life of promotional lists for the positions of lieutenant and deputy chief.Jun 19, 2020
Why did Frank Ricci sue the city of New Haven?
They brought the suit after the city threw out results of two promotional exams because few blacks firefighters earned high enough scores to make promotion. In 2009, the U.S. Supreme Court ruled the city violated the plaintiff firefighters' civil rights by not promoting based on race.Jun 8, 2020
What year was Ricci v DeStefano?
2009Ricci v. DeStefano / Date decided
Will Mcmillan Fire New Haven?
A 27-year-old firefighter from New Haven suddenly and tragically passed away this weekend, according to officials. William McMillian was assigned to Engine 9, Ellsworth Station, and was a member of the city's fire department for four years.May 9, 2021
Is disparate impact illegal?
Disparate impact discrimination is not always illegal. If an employer has a legitimate, necessary, and job-related reason for applying its procedures, then it is allowed to do so.Oct 19, 2020
What is a disparate impact case?
Disparate impact lawsuits claim that an employer's facially neutral practice had a discriminatory effect. By Lisa Guerin, J.D. Disparate impact is a way to prove employment discrimination based on the effect of an employment policy or practice rather than the intent behind it.
What does Title VII of the Civil Rights Act of 1964 protect?
Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.
Issue
- Whether city officials trying to diversify a civil service department are guilty of racial discrimination under the Equal Protection Clause or Title VII when they decide not to utilize written test results which favor one racial class over another, and whether an employer violates 42 U.S.…
Facts
- In 2003, the City of New Haven, Connecticut ("New Haven") administered written examinations in an effort to fill vacant lieutenant and captain positions in its Fire Department. The written exams were to account for sixty-percent of the ultimate assessment of a candidate's ability to successfully serve as a lieutenant or captain. Forty-percent of an individual's assessment consis…
Discussion
- Ricci v. DeStefanoillustrates the difficulty that employers can face in trying to achieve a diversified workforce while refraining from discrimination against traditionally advantaged groups. In deciding not to certify the Fire Department's exam results, where the pass rate for black candidates was only half the rate for white candidates, New Haven arguably was trying to avoid …
Analysis
- Both statutory and constitutional safeguards exist to protect individuals against racial discrimination in employment. Here, arguments center on the Equal Protection Clause of the Constitution and Title VII. This case concerns a tension in those safeguards where an exam necessary for promotion produced racially disproportionate results: certifying the exam may me…
Conclusion
- The Court's decision in this case will have far-reaching effects on disparate impact jurisprudence. It will clarify for employers the steps they may take in efforts to create a more diverse workplace, while avoiding Title VII lawsuits alleging "reverse discrimination," i.e., discrimination against traditionally advantaged groups.
Additional Sources
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