The case has drawn considerable attention not just because ofSotomayor’s role but because of the sympathetic nature of the claimbrought by the firefighters, who said they were discriminated againstsimply because of the color of their skin.
The Supreme Court today narrowly ruled in favor of white firefighters in New Haven, Conn., who said they were denied promotions because of their race, reversing a decision by Judge Sonia Sotomayor and others that had come to play a large role in the consideration of her nomination for the high court.
The city had thrown out the results of a promotion test because no African Americans and only two Hispanics would have qualified for promotions. It said it feared a lawsuit from minorities under federal laws that said such “disparate impacts” on test results could be used to show discrimination.
In effect, the court was deciding when avoiding potential discrimination against one group amounted to actual discrimination against another. The court’s conservative majority said in a 5 to 4 vote that is what happened in New Haven.
“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,” wrote Justice Anthony M. Kennedy.