Racialicious Responds to the Firefighter Reverse Discrimination Case

A Racialicious Roundtable, compiled by Latoya Peterson and Thea Lim

On April 22, the Supreme Court will hear arguments in the case of Ricci, et. Al, v. DeStefano, et al., a case brought by seventeen firefighters who claim that they were discriminated against by the City of New Haven after the City decided to throw out the results of a required advancement exam. The New York Times story notes:

Mr. Ricci did well, he said, coming in sixth among the 77 candidates who took the exam. But the city threw out the test, because none of the 19 African-American firefighters who took it qualified for promotion. That decision prompted Mr. Ricci and 17 other white firefighters, including one Hispanic, to sue the city, alleging racial discrimination. [...]

The city says it was merely trying to comply with a federal law that views job requirements like promotional tests with great suspicion when they disproportionately disfavor minority applicants.

“The fact of the matter is it’s a flawed test,” said Victor A. Bolden, the city’s acting corporation counsel.

Mr. Bolden added that he had sympathy for Mr. Ricci. “There’s no question that there are people who are disappointed,” he said. “But disappointment doesn’t lead to a discrimination claim.”

The promotion exam was offered in the fall of 2003, and no one has been promoted since, Mr. Bolden said.

The suit brought by Mr. Ricci and his colleagues says that the city’s rationale for throwing out the test is illegitimate and that they were denied a chance for promotion on account of the color of their skin.

Since this made the Court’s docket, it officially became a matter of serious weight. I called together some of the other correspondents and we had a chat about what this case means, what it could mean for industries that seem to just stay segregated, and the unanswered questions we still have after examining the available briefs and news articles. – LDP

Fatemeh: So I don’t feel like I have anything to weigh in on this “reverse racism” fuckery.

Latoya: Why?

Fatemeh: Because I feel like there are angles I’m not seeing. But also because I can’t get past the technicalities: no one was actually denied from having a job because of his race.

Latoya: Makes sense. I wonder if that’s why everyone else is hesitating. Even Carmen is hesitant to comment.

Fatemeh: Yet “African-Americans held 32 percent of the entry-level positions in the Fire Department in 2007, according to data compiled by the city, but only 15 percent of the supervisory positions.” That makes it sound (to me) like there aren’t equal opportunities for advancement for black firefighters.

Latoya: Is the test racially biased? Because that’s part what is being argued. I wonder if the court will maintain that testing measures are colorblind, and therefore race should not be a consideration.

Fatemeh: I’m sort of skeptical that the test is colorblind. Some guy in the story is like, “You learn everything you need to know on the job here.” With that reasoning, everyone should have the same amount of knowledge when they take the tests, and everyone should do about the same, right? So a few outliers who have better training, or worked harder to study, or whatever, will get higher scores and be promoted. So if the test is not racially biased, then black firefighters would score similarly to white ones.

Latoya: True. And that’s what also makes this so weird. What I am concerned about is that this could easily set a precedent for hiring decisions and ideas.

Fatemeh: Exactly.

Latoya: If they decide whites are unfairly discriminated against for their achievements, what kind of messages will that reinforce?

Fatemeh: Straight-up white privilege. “I worked hard to get where I am!” Of course you did. But why did you advance, when your black coworker worked just as hard (or harder) and hasn’t gotten where you are?

Latoya: How will it impact the advertising industry, that has been hit with civil rights cases but still maintains a heavily white workforce? Are they off the hook now?

Fatemeh: I’m confused; how do you link the ad industry to this?

Latoya: A Supreme Court decision has long reaching effects. This isn’t just going to impact firefighting. It impacts anything with a racial disparity component. So in predominantly white industries, I am concerned that if the court comes down on the side of the plaintiffs, it will deliver other industries a get out of jail free card.

Fatemeh: Okay, I get you. The ad industry is a huge example of a racially disparate workforce.

Page 1 of 7 | Next page