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Justices Rule for White Firemen In Bias Lawsuit

Sotomayor's Decision Is Overturned

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The Post's Robert Barnes, explains the Supreme Court ruling which favored white firefighters in New Haven, Conn. The decision reversed a decision by Supreme Court nominee Judge Sotomayor while she served on the U.S. Court of Appeals Video by The Washington Post
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Washington Post Staff Writer
Tuesday, June 30, 2009

The Supreme Court yesterday restricted how far employers may go in considering race in hiring and promotion decisions, a ruling that puts workplaces across the nation on notice that efforts to combat potential discrimination against one group can amount to actual discrimination against another.

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The court ruled for white firefighters in New Haven, Conn., who said city officials violated their rights when it threw out the results of a promotions test on which few minorities scored well. The case drew outsize attention because President Obama's nominee for the high court, Judge Sonia Sotomayor, had been part of a unanimous panel on the U.S. Court of Appeals for the 2nd Circuit that endorsed a lower-court ruling upholding New Haven's decision.

The case was a victory for conservative groups and the firefighters, who said the city's resolution had amounted to denying promotions based on skin color. The court's conservatives prevailed in a decision that said employers needed a "strong basis in evidence" that a test is deficient before discarding the results, rather than just "raw racial statistics" that may indicate a subtle discrimination.

"No individual should face workplace discrimination based on race," Justice Anthony M. Kennedy wrote for the five-member majority.

Civil rights groups said the decision would create a hurdle for employers, especially in the public sector, seeking to diversify their workforces without violating the law.

The case has been used by Sotomayor critics as evidence that she allowed her personal preferences to influence her rulings, while her supporters said the decision was a straightforward application of court precedents.

In the end, neither side conceded any ground over what yesterday's ruling indicated about Sotomayor's fitness for the high court.

Her supporters noted the closeness of the vote and pointed to the opinion's wording that yesterday's decision "clarifies" how the courts and employers should interpret Title VII of the Civil Rights Act. That indicates Sotomayor and the other judges on the appellate panel were simply following precedent in the 2008 decision, her backers said. "She doesn't legislate from the bench," said White House press secretary Robert Gibbs.

Those who oppose Sotomayor contrasted the court's 89 pages of opinions, concurrences and dissents with the 134-word summary judgment from Sotomayor and the other judges on the panel. Sen. John Cornyn (R-Tex.), a member of the Senate Judiciary Committee, called the Supreme Court's decision a "victory for evenhanded application of the law" and said that "all nine justices were critical of the trial court opinion that Judge Sotomayor endorsed," an assertion the White House rejected.

Although both sides searched for references that might be used for and against Sotomayor, the ruling was more revealing for what it said about a court still closely divided about government policies involving race and diversity.

The decision tried to find the spot between what can be seen as competing provisions of Title VII -- which says that individuals may not be treated differently because of their race, religion or sex, but also that seemingly neutral testing requirements can be discriminatory if they have a disparate impact on members of one group.

New Haven officials said they found themselves in a difficult position when the test results showed that no African Americans and only two Hispanics would have been eligible for promotion to the ranks of lieutenant and captain. City officials said they feared a lawsuit.


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