by Terry O'Neal-Cox MD

Created on: July 07, 2009   Last Updated: July 08, 2009

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

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