IRCA
IRCA: Lomack v. City of Newark
Fact Summary: In July 2002 Mayor James apparently out of the blue ordered that all fire houses in the Newark Fire Department be integrated to improve morale and to honor a court order to make the Fire Department the mirror of the City of Newark. Wallace (the fire chief) proposed an alternative transfer list that would achieve 100% diversity. Thirty-four firefighters were involuntarily transferred or denied requests to transfer due to the new policy, together with the Newark Firefighters Union and the Newark Fire Officers Union, brought action against the City of Newark.
Issue: Did the City of Newark violate the Equal Protection Clause; Title VII of the Civil Rights Act of 1964 and the New Jersey Civil Rights Act.
Rule: Equal Protection Clause
Analysis: The city argues that it has three somewhat interwoven compelling interests in implementing the diversity policy. First, it argues that is has a compelling interest in eliminating de facto segregation in the fire department. Second it contends that there is a compelling interest in securing the educational, sociology and job performance benefits of diverse fire companies. Thirdly, it argues that the policy is required by the 1980 Consent Decree, compliance with which constitutes a compelling interest. The remedying past discrimination is not inapplicable in this case. Educational and Sociological benefits of diverse fire companies, however the mission of fire department is not to educate, its mission is the control, fighting and extinguishment of any conflagration which occurs within the city limits. The benefits of diversity as set forth by the city are not a compelling interest that justifies its diversity policy. Compliance with the 198 consent decree, the decree establishes policies and benchmarks for the hiring and promotion of minority firefighters. This case is not about remedy intentional discrimination in the Newark Fire Department ability to extinguish fires. It is about
Fact Summary: In July 2002 Mayor James apparently out of the blue ordered that all fire houses in the Newark Fire Department be integrated to improve morale and to honor a court order to make the Fire Department the mirror of the City of Newark. Wallace (the fire chief) proposed an alternative transfer list that would achieve 100% diversity. Thirty-four firefighters were involuntarily transferred or denied requests to transfer due to the new policy, together with the Newark Firefighters Union and the Newark Fire Officers Union, brought action against the City of Newark.
Issue: Did the City of Newark violate the Equal Protection Clause; Title VII of the Civil Rights Act of 1964 and the New Jersey Civil Rights Act.
Rule: Equal Protection Clause
Analysis: The city argues that it has three somewhat interwoven compelling interests in implementing the diversity policy. First, it argues that is has a compelling interest in eliminating de facto segregation in the fire department. Second it contends that there is a compelling interest in securing the educational, sociology and job performance benefits of diverse fire companies. Thirdly, it argues that the policy is required by the 1980 Consent Decree, compliance with which constitutes a compelling interest. The remedying past discrimination is not inapplicable in this case. Educational and Sociological benefits of diverse fire companies, however the mission of fire department is not to educate, its mission is the control, fighting and extinguishment of any conflagration which occurs within the city limits. The benefits of diversity as set forth by the city are not a compelling interest that justifies its diversity policy. Compliance with the 198 consent decree, the decree establishes policies and benchmarks for the hiring and promotion of minority firefighters. This case is not about remedy intentional discrimination in the Newark Fire Department ability to extinguish fires. It is about