Supreme Court agrees to look at ‘reverse discrimination’ case
January 15, 2009 by Jim GiulianoPosted in: Employment law, Hiring, In this week's e-newsletter, Latest News & Views, Race discrimination, policies
The U.S. Supreme Court has agreed to hear a case filed by whites who say they got pushed aside in favor of less-qualified black applicants.
The case involves white firefighters in New Haven, CT, who say they passed an exam for a job promotion only to have the test results thrown out because no African-American candidate received a high enough score to also be considered for promotion.
The test reportedly was specially designed to eliminate bias and do away with advantages for white applicants. Still, when no blacks and only two Hispanic applicants qualified for promotion — compared with 17 whites and one Hispanic – the city decided to scrap the entire test.
The 18 who passed the test then sued, charging they were denied consideration for promotion just because they weren’t black.
A federal district judge threw the case out, but the High Court agreed to take it on, probably some time in April.
The court’s decision of course could have far-reaching effects on diversity programs in the public and private sector.
January 19th, 2009 at 10:45 am
I’m not sure why this is called ‘reverse discrimination’? Discrimination is discrimination or are only non-whites being considered as persons whom discrimination can be filed against? Reverse discrimination – as you call it – has been happening ever since Affirmative Action was passed in the 80’s. I think it’s sad and harmful when requirements for a job are lowered because a quota of ethnic diversity needs to be met. This goes for male and female also. For instance – my father was a fireman back in the 70’s and 80’s and was required to lift 200 lbs when first applying for the job. Later during his years, women wanted on the force, which is fine, but the physical requirements were lowered to accomidate their physic. So now if there was a 200 lb person trapped in a buring building needing to be carried down by ladder, >>>>> well you can see the problem. Usually, standards and requirements for a job are set because the job requires it. If a person is black, white, red, yellow, green, male or female – they should meet the original requirements set by the job need.
January 19th, 2009 at 3:33 pm
Black, yellow, white or green the test was put in place to measure knowledge and ability. It should not have been removed simply because it appeared not to be neutral. Regardless of race the promotion should have gone to the most qualified. Failure to use the test results places the integratity of the department and city in question.
April 13th, 2009 at 12:24 pm
Agreed, I think all of these types of programs are fast becoming inappropriate. Anyone seen our President? I don’t care what someone looks like or where they come from… I am picking the most qualified.