Ricci V. Destefano - Employment Law
| Ricci v. DeStefano | Tina Harpke | HRM 370-50 Employment Law | | |
This is a look at the landmark Ricci v. DeStefano case. We will look at the case itself, the cases that influenced it as the cases that have been influenced by it. We will also look at a few different views of what the decision means for the future. |
Introduction
Many people believe that the decision for Ricci v. DeStefano added to the confusion and misunderstandings of Affirmative Action as well as the Civil Rights Act of 1991 and disparate-impact discrimination. This case has been looked at as a reverse discrimination case, and although some observers feel it was a needed decision for reverse discrimination, others feel that it will only make things more difficult for employers who want to protect themselves from liability under Title VII.
Ricci v. DeStefano Case Summary
In 2003, the City of New Haven, Connecticut administered written examinations in an effort to fill vacant lieutenant and captain positions in its Fire Department. The written exams were to account for sixty-percent of the ultimate assessment of a candidate 's ability to successfully serve as a lieutenant or captain. Forty-percent of an individual 's assessment consisted of an oral exam evaluating a candidate 's ability to lead others in emergency situations. When New Haven officials analyzed the written test results, they found that the pass rate for black candidates was approximately half the pass rate of white candidates.
New Haven 's City Charter requires that the Board of Fire Commissioners use civil service examinations based on a "Rule of Three," where only the top three highest scoring candidates on each of the lieutenant and captain exams may be awarded a promotion. Under the Rule of Three, no black candidates could be awarded a promotion, since none of the top three highest scores on either test belonged to an African-American. The highest scoring black candidate for the lieutenant position
This is a look at the landmark Ricci v. DeStefano case. We will look at the case itself, the cases that influenced it as the cases that have been influenced by it. We will also look at a few different views of what the decision means for the future. |
Introduction
Many people believe that the decision for Ricci v. DeStefano added to the confusion and misunderstandings of Affirmative Action as well as the Civil Rights Act of 1991 and disparate-impact discrimination. This case has been looked at as a reverse discrimination case, and although some observers feel it was a needed decision for reverse discrimination, others feel that it will only make things more difficult for employers who want to protect themselves from liability under Title VII.
Ricci v. DeStefano Case Summary
In 2003, the City of New Haven, Connecticut administered written examinations in an effort to fill vacant lieutenant and captain positions in its Fire Department. The written exams were to account for sixty-percent of the ultimate assessment of a candidate 's ability to successfully serve as a lieutenant or captain. Forty-percent of an individual 's assessment consisted of an oral exam evaluating a candidate 's ability to lead others in emergency situations. When New Haven officials analyzed the written test results, they found that the pass rate for black candidates was approximately half the pass rate of white candidates.
New Haven 's City Charter requires that the Board of Fire Commissioners use civil service examinations based on a "Rule of Three," where only the top three highest scoring candidates on each of the lieutenant and captain exams may be awarded a promotion. Under the Rule of Three, no black candidates could be awarded a promotion, since none of the top three highest scores on either test belonged to an African-American. The highest scoring black candidate for the lieutenant position
Cited: Campbell, K. (2010). Will "Equal" Again Mean Equal?: Understanding Ricci v. DeStafano. Texas Review Of Law & Politics, 385-422. Cornell University Law School. (n.d.). Wygant v. Jackson Board of Education. Retrieved 11 19, 2011, from Legal Information Institute: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0476_0267_ZS.html FindLaw: For Legal Professionals FindLaw: For Legal Professionals. (n.d.). WATSON v. FORT WORTH BANK & TRUST. Retrieved 11 19, 2011, from FindLaw: Cases & Codes: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=487&invol=977 Gold Waldman, E Sullivan, C. A. (2010). RICCI v. DESTEFANO: END OF THE LINE OR JUST ANOTHER TURN ON THE DISPARATE IMPACT ROAD?. . Northwestern University Law Review, 411-426. .