SCOTUS: Tossing firefighters' promotion test violated Title VII

Lawyers USAJune 30, 2009

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Summary


Today the U.S. Supreme Court ruled that the refusal by New Haven officials to certify firefighters' promotion test results because too few minorities passed violated Title VII. Justice Anthony Kennedy, writing for the 5-4 majority in Ricci v. DeStefano, wrote that the city's argument that certifying the test scores would have led to disparate impact litigation was not a satisfactory justification.

Justice Ruth Bader Ginsburg read comments from her dissent - which was joined by Justices John Paul Stevens, David Souter and Stephen Breyer - from the bench, according to SCOTUSblog.com. That practice is rare, but not unheard of, by dissenters. Ginsburg has read dissents from the bench in cases including Ledbetter and Gonzales v. Carhart.

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SCOTUS: Tossing firefighters' promotion test violated Title VII

This ruling in Ricci will almost...

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