Labor & Employment Law

Supreme Court grants certiorari in reverse discrimination case

Ricci, et al v DeStefano, et al (Dkt Nos. 07-1428; 08-328) looks like it is going to be a critically case in employment discrimination jurisprudence. The Second Circuit decision below is available here.

The issue in the case revolves around promotion exams administered to 118 applicants by the New Haven, CT, fire department in 2003. Based on the exam results, virtually no minorities were eligible for the promotion. As a result, the city refused to certify the results and, fearing a possible discrimination claim from nonwhite applicants, it made no promotions.

Eighteen candidates brought suit, alleging the city violated Title VII and other federal and state laws when it disregarded the results. A district court granted summary judgment to the defendants, holding their "motivation to avoid making promotions based on a test with a racially disparate impact, even in a political context, does not, as a matter of law, constitute discriminatory intent, and therefore such evidence is insufficient for plaintiffs to prevail on their Title VII claim." The Second Circuit affirmed.

As an interesting footnote, the 2d Circuit decision is about a page long and basically only affirms the decision below. It is nice to see that did not effect the Court's decision to grant cert.

Mitchell H. Rubinstein

Full post as published by New York Public Personnel Law on January 20, 2009 (boomark / email).