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Supreme Court Issues Controversial Decision
In Ricci v. DeStefano, decided on June 29, 2009, the Supreme Court ruled that “race-based action like the City's in this case is impermissible under Title VII unless the employer can demonstrate a strong basis in evidence that, had it not taken the action, it would have been liable under the disparate-impact statute.” Justice Kennedy wrote the opinion for a 5-4 majority that included Justices Roberts, Scalia, Thomas, and Alito. Justice Ginsberg, joined by Justices Stevens, Souter, and Breyer, filed a dissenting opinion. Justices Scalia and Alito also filed concurring opinions. Because its ruling is grounded on Title VII, the case has significance for all employers in both the private and government sectors.
The Case
In 2003, the City of New Haven, CT (“the City”) administered examinations in an effort to promote qualified applicants to fill vacant lieutenant and captain positions in its Fire Department. When they analyzed the test results, City officials found that the pass rate for black candidates was approximately half the pass rate of white candidates. Because of the limited number of vacant positions and promotion criteria, no black candidates would receive one of the 19 possible promotions. Based on concerns about being sued by black candidates who would not have been promoted, the City did not certify the exams, and no firefighters of any race received promotions.
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