Update to Race Discrimination Case: U.S. Supreme Court Rules in Favor of Victims
Posted by arlenearmy on May 27, 2009
“Fear of litigation alone cannot justify an employer’s reliance on race to the detriment of individuals who passed the examinations and qualified for promotions,”
Justice Anthony Kennedy
Today (June 29, 2009), the U.S. Supreme Court ruled in favor of 20 firefighters (19 white and 1 Hispanic) who were denied job promotion because of there race.
It was a 5 to 4 decision across party line. Justice Anthony Kennedy authored the opinion of the court that was concurred by: Chief Justice John Roberts, Justices – Samuel Alito, Antonin Scalia, and Clarence Thomas. Dissenters were: Justices – Ruth Bader Ginsburg, Stephen Breyer, David Souter and John Paul Stevens.
Hopefully this ruling makes it much harder for employers to openly discriminate against anyone based on race.
Backdrop Story:
White Firefighters Victims of Racial Discrimination
Twenty non-black firefighters of Connecticut will finally have their race discrimination case heard before the U.S. Supreme Court scheduled for April 22, 2009. In 2003, the 20 firefighters (19 whites and 1 Hispanic) passed an exam for promotion and scored the highest. Because they were not black their exam test scores were tossed. The City of New Haven would not honor the test scores because they feared that they would be sued by black applicants.
Apparently affirmative action in favor of blacks are still being practiced. The 20 firefighters said that their CIVIL RIGHTS were violated The city did not promote the non-black firefighters because the city was trying to get a racial quota.
The written and oral exams were race neutral.
The International Association of Black Professional Fire Fighters and the NAACP are fighting against the civil rights of the white and hispanic firefighters. Those 2 black organizations have already filed a brief with the Supreme Court in support of the lower courts decision to deny the firefighters civil rights based on their race.
Those firefighters must prevail in this suit in order for TRUE civil rights to be defined. Civil rights for all Americans.. and not just for blacks. Why has the standards been lowered for blacks and raised so high for whites? From the looks of this situation, it does not foster public confidence in the ability of black firefighters. This race quota must come to an end so that black people would not be perceived as an affirmative action hire.
I’ve noticed that Obama has not commented on this race discrimination issue.
NOTE: Ricci v. DeStefano (07-1428) and Ricci v. DeStefano (08-328) – city duty to promote white workers who scored highest on firefighter civil service exam (cases consolidated for one-hour argument)
For more information, interested persons can go to the NewHaven20 legal defense fund website: http://newhaven20.com
References and News Sources:
http://www.scotusblog.com/wp/april-argument-calenday-day-by-day/
http://www.supremecourtus.gov/docket/07-1428.htm
http://www.supremecourtus.gov/qp/07-01428qp.pdf
http://www.wtic.com/pages/3631934.php?
http://www.adversity.net/newhavenfd/default.htm
http://www.firefightingnews.com/article-us.cfm?articleID=50594
http://www.nhregister.com/articles/2009/01/16/news/doc49706e685b4d8653513133.txt
http://www.courant.com/news/local/nh/hc-ap-ct-firefighters-lawsmar26,0,2462013.story
http://www.wtnh.com/dpp/news/news_wtnh_newhaven_discrimintation_nhfd_200903251757_rev1
http://www.law.gmu.edu/news/2009/somin_ricci
http://hannity.blogs.foxnews.com/2009/04/03/firefighter-controversy/
http://www.csmonitor.com/2009/0109/p25s30-usju.html
http://newhaven20.com
woodfoe said
Thank you for dropping by my blog. As you can see I haven’t even set it up yet, nor do I know what I may want to post on it.
As a liberal I have a question for you. What did you think of Dick Cheney’s off hand joke about W. Virginians.
http://voices.washingtonpost.com/sleuth/2008/06/dick_cheneys_incest_joke_irks.html
Do you really think that the higher ups are concerned with the rank and file?
I hope I’m not tying to cause a wedge issue. I just want to find out what the sentiments are about this issue.
I know this has nothing to do with affirmative action, but it may have something to do with discrimination of your own party.
Thanks
arlenearmy said
Woody
Discrimination or what maybe perceived as racial slurs happens in all political parties. It may happen on the jobs. The most profound racial prejudice originates from folks like Al Sharpton.
Ummm… “National Association for the Advance of COLORED People”, sounds a bit racial to me. I thought Colored was racially offensive. And I didn’t realize that United NEGRO College Fund still existed, but they are still in business. And I thought Negro was racially offensive. Oh, I almost forgot.. NAACP & United Negro College Fund is a black …I mean African American … I mean … Colored … I mean Negro organization that is discriminatory & racially bias by its current nature.
woodfoe said
Racial discrimination in America started when whites brought Africans over and made slaves out of them. Whites started the whole thing and they still persist even today. Blacks by nature are not racist. They simply find themselves having to fight back and defend themselves. How else are blacks going to overcome if not for the likes of people like Rosa Parks, and Martin Luther King Jr. You enjoy the benefits of standing on their shoulders and you should never forget what they have done for you. As far as past nomenclature, it’s always been the case that names have been drugged through the mud and become derogatorily charged. Beside ” what’s in a name, a rose by any…..
arlenearmy said
Woody ….. I can trace my family history way back to the slavery days .. I got the slave papers. I go to Lousiana and visit the old family grave sites in Keatchie and Mansfield. So I do stand on my ancestors shoulders. Because I do, I will not dishonor them. They sacrificed so that the ones who they raised would stay ALIVE … and when things got better some got an education & did well for themselves. And some are still thinking “entitlement”.
I had to excel & compete to be more than 50/50. I did 200% plus more. But not all blacks are disgruntled … and not all whites are racially prejudice. I have seen racial prejudice on BOTH sides. 2 wrongs don’t make a right.
arlenearmy said
Hello Woody
As for past nomenclatures … I guess Dem. Party, Rep. Party, Abe Lincoln, Union, Confederacy could fit into that category. As for that matter, Jim Jones’ name was drugged thru the mud. He started out good, but we all know what happened. The Confederate had black soldiers … whose headstones are still standing, but they get no honor. But like you say: “what’s in a name”.
Honestly, let Americans be Americans. No need for racial divisions. I don’t know a single black person in America who was born a slave & most don’t know jack shit about picking cotton. Afterall, blacks are a small population & had to depend on white folks who voted for a non-white person to occupy the White House. But I guess lots of blacks forgot that fact.
woodfoe said
You think white conservatives voted for Obama? It would be nice if in the immortal words of Rodney King ” we could all just get along”; however history has been one long story of struggle. It will probably go down to the wire that way.
arlenearmy said
woody ..
I personally know quite a few white conservatives who voted for Obama. I do live in a rural area that votes republican. I asked them why. The 2 main answers I remember were: (1) They didnt like John McCain, but if Palin was on top of ticket they would vote for Palin (2) To give black folks a chance.
We both may not like those answers, but that is what I heard. I believe they were truthful w/me because I convinced them of my sincerity in wanting to know the truth.
Rodney said
I just got cut out at the most racist job I have ever held, A federal job.
It was no secret that Blacks held all but one of the Admin possitions, of about a dozen slots.
It was no secret that only whites were ever fired, of about 1o fireings in the past 3 and a half months.
It was no secret that black on white hatered was prevalent and endless, and without warrent at all.
The big secret in this federal office is that there is no secret, at all, about the abject racial imbalance, and abject reverse descrimination. No secret needed in a so called civilization where reverse discrimination is not just tollerated, but seemingly fostered, now (2009).
I sat in New Employee orientation in Dayton ,Ohio, at the VA Medical center, in May of 1996. Caroline Gray, the most openly hatefilled racist black Personel Director, I`ve ever seen publicly abuse a bunch of whites, explained…, “The white mans day is done”…,”People of color, are going to do good here”. “Whitey done had his time”. Her hate laced dressing down continued for at least a half an hour. Of course ,haveing never been faced with such shit, no one knew what to do or say. Shut up, keep your job Rodney. I`m a perfect victem eh ?
Once again , 12 years later, “Mine eyes have seen the disgust of the trampling of the laws. White man has one choice, lay down and die. I spent thousands of dollars trying to take a case to court agaisnt the God Damned VA Medical center in Dayton ,Ohio…Reverend Tony Simmons specificly: Afirmative action appointee to the position of Director of the Respiratory Therapy Dept. A well know fact in our professional circle was that Tony Simmons never finished one month of school, ( flunked out two tries in a row, after failing the first two tests each of the first two weeks). The end result of my case against the VA and the racist Tony Simmons…5th cicuit ,…11th cicuit,…1st circuit,…steps of SCOTUS,… not one second os testimony was ever allowed . My witnesses were silenced before speaking.
EEOC, you are a God Damned joke, a farce.
arlenearmy said
Rodney,
Part of the reason why this racial discrimination is going plum vitriol on white folks is because whites are not taking a stand. Whites sit back & think its going away by itself. Well, the situation is getting worst by the day. The hand-writing is on the wall. I’m just telling you the truth as I see it.
And EEOC is another affirmative action gig for Blacks. The Hispanics & non-white women were added in on the tail end for sake of appearance. They will kick white women to the bus, but for damn sure, they will not protect a white man.
Here’s a video of Manning, that speaks of the situation
VotingFemale said
I just hope to hell the Supreme Court will get this racial bullying under control…
Fear of lawsuits can not be allowed to be used to justify the exercising of racial discrimination against any race.
This thing is out of control…
arlenearmy said
I agree VF …. When the Supreme Court rules in favor of these 20 firemen, it will change America’s future being – favorably.
Rodney said
I`m going to give SCOTUS and EEOC another shot, at regaining their credibility.
Racial bullying is an understatement, in Nashville Tennessee`s federal workplace.
I was neither born racist nor was I raised racist, so this all has a particularly unsetling effect in my heart , soul and gut… I want to puke at times.
arlenearmy said
I am sorry about your being victimized. This problem goes deeper than employment & promotions on the job. Recently, this has quickly rolled down hill to destroy certain members of our society w/a fierce vengeance.
Now that we are all aware of what is happening and what WILL happen, I pray that people like you will take a stand. I am speaking out against these injustices, and I’m not even white. I speak out because I am an American.
Here’s another video for you to view, to let you know that you are not alone.
VotingFemale said
woodfoe, why do you bring a partisan question instead of addressing the topic directly?
Do you not have an opinion or view of the racial discrimination going on?
By your ommission of a stance one is left to believe you think racial discrimination is fine so long as it fits a Party Stance.
You do not need to bring partisan politics to a debate over race discrimination… for all you know the white FFers are all DEMs and the black FFers are all Republicans…
woodfoe said
VF, Arlenearmy dropped a comment on my blog the other day and I was getting back to her. I didn’t know it was so pressing to address the topic, with all the off topic discussion that goes on , on your blog I didn’t think it mattered. Partisan politics, isn’t that what liberals and conservatives do.
for all you know the white FFers are all DEMs and the black FFers are all Republicans…
I have no idea what your talking about, other than just being some kind of rant.
woodfoe said
I can manage civil discourse, the question is can you?
I happen to think affirmative action is a good thing. I’ve seen a lot of institutionalized discrimination and unless blacks are afforded a foot in the door institutionalized discrimination will go on. I think those blacks that worry about how they are perceived are buying into the conservative big lie that everyone should be able to step up to the plate on equal footing, when they know damn well they are doing the discrimination. Worrying about perception is a sign of weakness anyway.
arlenearmy said
Woody … Of course I’m willing to engage/participate in civil discourse.
I’m an AMERICAN woman whose race is black. I was brought up in the 1960′s & lived thru the affirmative action era .. forced busing, etc… At the age of 18 I refused to accept affirmative action (race quota to attend a certain college). So I joined the Army to make my own life.
The “perception” is relevant because how 1 is perceived may lead to stereotyping. I didn’t say worry about perception. But I think black people as a whole, must teach their children some pride & not portray an image of “entitlement” based on being black. Personally, I wouldn’t want a job promotion based on my race. My worth as a human being is not based on the color of my skin … but part of my worth is based on my achievements that I have EARNED.
woodfoe said
For one thing I was addressing VF. I was expecting her to respond not necessarily you at least on my last comment. You said it “pride”. I hope you and all people teach their children the right kind of pride. There are two kinds of pride.
A sense of one’s own proper dignity or value; self-respect.
2. Pleasure or satisfaction taken in an achievement, possession, or association: parental pride.
3. Arrogant or disdainful conduct or treatment; haughtiness.
You want to teach 1 and 2 not 3. I think people get the two confused a lot of times. Dignity and self respect are exactly why blacks should continue to fight to overcome discrimination and disproportionate poverty. You seem like a successful African American woman, but what about the statistically disadvantaged. By the way who do you think is doing the stereotyping? If it isn’t bigoted people.
woodfoe said
I don’t think blacks have achieved parody yet ,despite a black president. Just ask most black leaders, who I hear everyday on TV say we still have a long way to go, and their right. I know forced busing was an exercise in futility but that doesn’t mean blacks don’t need special help ,not only though affirmative action but by enacting laws that help small business owners. laws that make crack a less offensive crime so you don’t have a disproportionate amount of blacks in prison. If the difference between crack and cocaine isn’t discrimination I don’t know what is. How do you think whites make it in this world if not by passing laws that allow them to monopolize. If they can set a table for themselves through the political process why not blacks.
arlenearmy said
Oh my Woody .. what am I gonna do with you. What would you say to a black woman who is married to a white man? Don’t you think that such a white man has a right to make a living to support that black woman. This is what concern me about the Firefighters case. What about those mulatto children who need to eat and be clothed & go to college. What would you say to these half black/white kids and that black woman who look to that white husband/father who brings home the bacon. I don’t think Sharpton & NAACP will lift a finger to help me.
If those firefighters don’t win this case, I guess I better get prepared to start working several jobs.
woodfoe said
O.K. , we can talk in generalities or specifics. In general I still hold to my views. The unfortunate reality is people get caught in the crossfire or cracks whenever there is progress to be made, and I’m not making light of your situation. Any compassionate person is concerned about all people, but what about the person who loses their house and is not compensated nearly enough when they want to build a highway through his land. If you were a journalist captured by terrorist would you want your country to give in to their demands for your release. You probably would. There are all kinds of situations like this and sometimes its not the end of the world. Many times these things lead to better situations. If you listen to people on Wall Street they say adversity is opportunity turned inside out.
Rodney said
Woodfoe, you are one of the chickens Eric Holder was talking about.
You rant poorly.
Affirmative action is racism,and enables racist behavior,…no , it fosters it, when you promote racialy hate filled blacks, into a position of power without checks and balances,( 99% of the whites in the same boat respect those checks and balances) The racist hate filled blacks in this federal office know that there are no balances against what ever they wish to effect against whites in this office.
Come to Nashville Chicken Hawk, Have a look for yourself.
My liberal democrat friend Al filed his EEO complaint fisrt. Myself, more a libertarian WILL chalenge the credibility of EEOC soon.
Capt. said
Glad to see you term this dicrimination and not reverse-discrimination. Discrimination is just that, is doesn’t make a difference with which side you take. If you are judged by anything other than the outcome of the exam scores than why bother with them.
arlenearmy said
Capt.
I ditto ya. I pray that they don’t move the goal post to give the edge to 1 race of folks over the other. These standards must be equitable & color blind. If a person passes the test, they move forward.. and if a person fails the test, they get left behind.
new haven 20 said
If you would like more information visit our website http://www.newhaven20.com
We are the 20 firefighters that brought forth the litigation.
new haven 20 said
If you would like to find out more info on the 20 firefighters you can visit out site http://www.newhaven20.com
New Haven 20 said
Thanks for the copy arlene. Couldn’t agree more. Discrimination is discrimination.
You can find out more on the case and the New Haven Firefighters that brought the case through the courts by visiting our website http://www.newhaven20.com
New Haven 20 said
You can find out more at newhaven20.com
arlenearmy said
Thanks for the link to more information about this discrimination case, as I have been looking for it. Ive sent email to the webmaster of that site to find out what the public can do to help.
VotingFemale said
Girl! I LOVE your new banner!!!!
WOOO HOOO
VotingFemale said
New Haven 20, Arlene is a dear friend of mine… And she and I both back you guys to the HILT!!!
I prey the Supreme Court will not find a reason to rule against you guys. The right lawyers who know their stuff is soo important.
VotingFemale said
prey=pray
VotingFemale said
Arlene, perhaps you can add the link for http://newhaven20.com to your post
VotingFemale said
woodfoe, I am more than willing to discuss it in a civil manner.
I thought I had selected to receive e-mail notifications of comments to this blog… as it happens I didn’t after all thus my absence from the discussion here…
arlenearmy said
Thanks VF for the tip …. Ive just now put the url of the New Haven 20 legal defense fund in this post.
VotingFemale said
cool
VotingFemale said
Arlene… A Tribute to You Dear…
Thank you for your Service to our Beloved Country.
My three generation family of American Warriors thank you.
VotingFemale said
UnaryronBrunk’s post is SPAM, Arlene.
I suggest you dump that comment into the spam bucket.
And yes UnaryronBrunk, you are an spamming ass who is posting a pshing weblink.
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