Did the Supreme Court rule correctly in the New Haven firefighters case?

Yes

5 of 5

by Terry O'Neal-Cox MD

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On June 29th, 2009 The United States Supreme Court ruled in favor of Frank Ricci, in the case of Frank Ricci v John DeStefano. The case is better known as the New Haven Firefighters Reverse Discrimination Case. The ruling has started all kinds of debates all across the airwaves, in corners of coffee shops and diners, and in more dining rooms than I could even imagine. If you are Black, it's a step back and if you're White it's alright. We have heard that last quote before. How can we ever get rid of the echoes of racism? What would Dr. Martin Luther-King think of the court's decision, faced with other facts, in the year 2009? Remember, a man should not be judged by the color of his skin? I am sure that applies, equally, to Black and White.

The case, briefly(from the Opinion of the Court)

Like many cities, New Haven relies on objective testing of firefighters in order to determine the best qualified candidates for promotion. In 2003, 118 New Haven firefighters took examinations to qualify for promotion to the rank of lieutenant or captain. Promotion examinations in New Haven (or City) were infrequent, so the stakes were high. The results would determine which firefighters would be considered for promotions during the next two years, and the order in which they would be considered.

When the examination results showed that white candidates had outperformed minority candidates, the mayor and other local politicians opened a public debate that turned rancorous. Some firefighters argued the tests should be discarded because the results showed the tests to be discriminatory. They threatened a discrimination lawsuit if the City made promotions based on the tests. Other firefighters said the exams were neutral and fair. And they, in turn, threatened a discrimination lawsuit if the City, relying on the statistical racial disparity, ignored the test results and denied promotions to the candidates who had performed well. In the end the City took the side of those who protested the test results. It threw out the examinations.

Certain white and Hispanic firefighters who likely would have been promoted based on their good test performance sued the City and some of its officials.

The suit alleges that, by discarding the test results, the City and the named officials discriminated against the plaintiffs based on their race, in violation of both Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. 2000e et seq., and the Equal Protection Clause of the Fourteenth Amendment. The City and the officials defended their actions, arguing that if they had certified the results, they could have faced liability under Title VII for adopting a practice that had a disparate impact on the minority firefighters.

The Ruling

In a five to four votes, the court ruled in favor of the Plaintiffs. This surprised me; not the decision, the five to four votes; that it was that close. In my opinion, it should have been a unanimous decision. Justice Thomas was not one of the dissenting votes.

The Echoes of Racism

Before the implementation of affirmative action, Blacks were at a disadvantage. While Dr. Martin Luther King fought for equality, he did not achieve the goal alone. President John Kennedy's, a White man, Executive Order 10925 mandated "affirmative action to ensure that applicants are employed; and that employees are treated, during employment, without regard to their race, creed, color, or national origin." Later, President Lyndon B. Johnson, another White man, elaborated on the importance of affirmative action to achieving true freedom for African Americans. It appears to me that the New Haven authorities, who threw out the exam, reacted to the echoes of racism. The White majority's behavior prompted the implementation of affirmative action, in favor of the minority. That same behavior, the inability to recognize social justice, should now be responsible for the abolishment of affirmative action, as it is applied.

Equal Opportunity / Level Playing Field

Dr. Martin Luther King called for equal opportunity and a level playing field; not a black or white playing field, but a LEVEL playing field. The examination was that level playing field. The Black firefighters had equal opportunities; they were employed equally, allowed to register and take the examination equally, and they had as much time to prepare for that examination as did the White firefighters, those who passed and those who failed the examination.

What claims do the White firefighters, who failed, have for failing? To accept and/or validate the complaint of the Black firefighters would do more harm to them than good. It would also do harm to successive Blacks by reinforcing inferiority. The city of New Haven, in essence, said to the Black firefighters you are so dumb, the only way we can promote you is if we can design a dumb enough test for you to pass. To me, that is an insult. If the city elected to dumb down the test, not only would the same smart White firefighters pass, but the white firefighters who failed would have the added chance to outperform the Black firefighters. I, personally, prefer a smart firefighter over a dumb test. I believe that the Black firefighters and the White firefighters who failed the test are in the same boat, and racial discrimination is definitely not the captain of that boat.

Blacks can do anything that can be done by Whites. Since the playing field has been leveled by equal opportunity, the following have been accomplished by Blacks, without a quota system.

The leader of the free world is Black

The first Lady of the United States

The US Attorney General

US Supreme Court Justice

The Ambassador to the UN

Astronauts

Military Pilots

Commercial airline Pilots

The world number one race car driver

The number one golfer in the world

The number one tennis player in the world (female)

Some of the highest paid athletes in the world

Highest paid entertainers in the world

This list can go on and on. Those who have accomplished so much were not granted these positions; they achieved these goals on a level playing field. They are all supported by the White Majority as well as the Black Majority.

It is easier to blame others for one's own inadequacies than to blame self. But as one of the greatest entertainers, may he RIP, said..start with the man in the mirrorask him to change his ways.

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