Firefighter Frank Ricci listens to a reporter's question outside U.S. Supreme Court building in Washington, Apr. 22, 2009.

Members of the New Haven 20 and their attorneys stand on the steps of the U.S. Supreme Court Building, Apr. 22, 2009.

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Supreme Court rules for New Haven 20

City unfairly denied promotions

Updated: Monday, 29 Jun 2009, 4:41 PM EDT
Published : Monday, 29 Jun 2009, 10:07 AM EDT

Washington (WTNH) - The United States Supreme Court ruled today that white firefighters in New Haven were unfairly denied promotions because of their race.

 

In a 5-4 decision the high court said the city was wrong to scrap the results from a 2003 promotions exam because only two Hispanics and no black firefighters passed the test.

"I think that this is just proof positive that it's individuals and not statistics and we won at the Supreme Court today," said firefighter Frank Ricci, the lead plaintiff in the case.

The city of New Haven said it decided to throw out the test to avoid a lawsuit from black firefighters because it might have been vulnerable to claims that the exam had a "disparate impact" on minorities in violation of the Civil Rights Act.

Mayor John DeStefano said today that he was 'not surprised' with the ruling.

Karen Torre, lawyer for the New Haven 20, says the Civil Rights Act was enacted to protect such instances of discrimination.

"We always believed civil rights laws as they existed protected these men from such blatant race discrimination and the Supreme Court ruled in regard to that fact," Torre said.

Justice Anthony Kennedy said in Monday's ruling, "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."

Kennedy was joined in the majority by Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas.

The decision was a reversal of high court nominee Sonia Sotomayor's decision as an appeals court judge.

Though the New Haven 20 feels vindicated with today's ruling, plaintiff, Lt. Matthew Marcarelli said, "The truest vindication will come on the day when all the badges are pinned on, the badges we are entitled to."

 

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