"Non-Blacks Have Civil Rights?"

The US Supreme Court on Wednesday began hearing a case brought by 18 non-black firefighters that could have a major impact on civil rights protections in the workplace.

The court heard the first arguments in a six-year-old case brought by Connecticut-based firefighters who have accused their bosses of reverse discrimination.

In 2003 the New Haven fire department ran a series of tests for staff to see who would win promotion to captain and lieutenant positions.

But it later refused to recognize the results when it became clear no black candidates were in the running.

That prompted 17 white candidates and one Hispanic to sue New Haven's mayor, claiming the decision trampled on their rights to equal protection as set out in the 14th amendment of the US Constitution, and the Civil Rights Act. (Read Full Article)

A divided Supreme Court took up its first examination of race in the Obama era Wednesday, wrestling with claims of job discrimination by white firefighters in a case that could force changes in employment practices nationwide.

The case from New Haven, Conn., pits white firefighters, who showed up at the court Wednesday in their dress uniforms, against the city over its decision to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results.

As is often the case with closely fought social issues at the court, Justice Anthony Kennedy appeared to hold the key to the outcome. He seemed concerned that New Haven scuttled the test without determining that there were flaws that might have led to the racially disproportionate results.

"So shouldn't there be some standard that there has to be a significant, a strong showing after the test has been taken that it's deficient? Before it can be set aside?" he said.

But where Kennedy saw shades of gray, the rest of the court seemed to view the case clearly in terms of black and white.

The court's conservative bloc seemed inclined to side with the white firefighters. "You had some applicants who were winners and their promotion was set aside," Justice Antonin Scalia said.

Chief Justice John Roberts wondered whether the city could continue throwing out tests when it doesn't like the results. "They get do-overs until it comes out right?" Roberts said.

The liberals indicated that New Haven did nothing wrong by throwing out the test over concerns that it had an unintended but "disparate impact" on minorities in violation of the 1964 Civil Rights Act. The white firefighters said the decision violated the same's law prohibition on intentional discrimination.

A ruling against the city, Justice David Souter said, could leave employers in a "damned-if-you-do, damned-if-you-don't situation." Souter's comment reflected the concern of business interests who said in a court filing that a decision in favor of the white firefighters would place employers in an untenable position of having to choose whether to face lawsuits from disgruntled white or minority workers. (Read Full Article)

   Because Civil Rights legislation was enacted to protect the civil rights of black Americans does that mean that non-blacks are not covered under that same Act? Discrimination is inherent in human nature and it is not wrong unless the civil rights or liberties of another are compromised by discrimination. Tests can be skewed to favor one group over another group. College entrance exams is a good example. Civil service exams can likewise be skewed to favor one group over another. As I see it, before the Supreme Court can make a fair judgement in the case concerning the non-black New Haven firefighters, the promotion test itself must be analyzed. The fact that black firefighters failed the test does not mean it was not a fair firefighter test. Let us hope that Justice Kennedy, the all important Supreme Court swing vote, will be thorough in his judgement on this issue. Look at the test! Non-blacks have civil rights too!

tags: civil rights  supreme court  takebackamerica  politics  new haven firefighters  

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