Wednesday
Apr222009
Supreme Court: Either Way New Haven Will Be Sued
Wednesday, April 22, 2009 at 5:31PM
by Christina Lovato, University of New Mexico-Talk Radio News Service
In 2003, the New Haven, Connecticut, Fire Department administered written and oral exams to determine which employees would be eligible for promotions to lieutenant and captain; there were seven captain and eight lieutenant vacancies, but despite those who passed, no one moved up.
Of the 41 applicants who took the captain exam, the top nine scorers included seven whites and two Hispanics, and of the 77 applicants who took the lieutenant exam, the top 10 scorers where white.
After the Civil Service Board discovered from the scores that no black employees and only two Hispanics passed the test, they determined that the results had produced a significant disparate impact and chose to not certify the results.
The only information provided to the firefighters and public were the scores, given by race and gender. Test-takers did not receive their individual scores.
Seventeen white candidates and one Hispanic candidate who had taken the exams filed a lawsuit in federal court against the City of New Haven, the mayor, and other city executives.
Frank Ricci, a firefighter who took the exam stated that the questions on the test were drawn from “nationally recognized” books and believes the test was fair, and therefore the city should honor the results.
Part of Ricci’s case is that before throwing out the results the city should at least have to consider whether the exam was fair.
In the Supreme Court today the justices expressed concern over the bind that New Haven is facing: because the city didn’t use the results, they were sued for reverse discrimination, but if the city had used the results, they could have faced a lawsuit for discrimination.
Justice Souter expressed this dilemma by saying “You’re damned if you do, damned if you don’t.”
The decision in the case of Ricci vs. DeStefano is expected in May.
In 2003, the New Haven, Connecticut, Fire Department administered written and oral exams to determine which employees would be eligible for promotions to lieutenant and captain; there were seven captain and eight lieutenant vacancies, but despite those who passed, no one moved up.
Of the 41 applicants who took the captain exam, the top nine scorers included seven whites and two Hispanics, and of the 77 applicants who took the lieutenant exam, the top 10 scorers where white.
After the Civil Service Board discovered from the scores that no black employees and only two Hispanics passed the test, they determined that the results had produced a significant disparate impact and chose to not certify the results.
The only information provided to the firefighters and public were the scores, given by race and gender. Test-takers did not receive their individual scores.
Seventeen white candidates and one Hispanic candidate who had taken the exams filed a lawsuit in federal court against the City of New Haven, the mayor, and other city executives.
Frank Ricci, a firefighter who took the exam stated that the questions on the test were drawn from “nationally recognized” books and believes the test was fair, and therefore the city should honor the results.
Part of Ricci’s case is that before throwing out the results the city should at least have to consider whether the exam was fair.
In the Supreme Court today the justices expressed concern over the bind that New Haven is facing: because the city didn’t use the results, they were sued for reverse discrimination, but if the city had used the results, they could have faced a lawsuit for discrimination.
Justice Souter expressed this dilemma by saying “You’re damned if you do, damned if you don’t.”
The decision in the case of Ricci vs. DeStefano is expected in May.
The Right to Defend Oneself
“We all have an inherent right to self defense in international waters,” according to Senator Jim Webb (D-VA). This remark came out of a Senate Foreign Relations Committee hearing that saw testimony from Richard Phillips, Captain of the Maersk Alabama. Phillips received international media attention several weeks ago while being held hostage by pirates off of the coast of Somalia.
Both the Senators and the witnesses acknowledged that Piracy off of the coast of Somalia has been on the rise recently. Committee Chairman John Kerry (D-Mass.) said that America’s “ability to project naval power and to help ensure the free passage of goods and humanitarian aid is as important as ever.”
Phillips acknowledged that more needs to be done to secure vessels of the merchant marine, specifically arming the crew.
“In my opinion, arming the crew cannot and should not be viewed as the best or ultimate solution to the problem. At most, arming the crew should only be one component of a comprehensive plan and approach to combat piracy,” he said.
The comprehensive approach the committee discussed could include increased U.S. Navy presence in the most dangerous areas, the creation of a protected corridor that civilian ships can travel within, the rooting out of pirates in their land based sanctuaries and the “hardening” of ships, to make the ships structurally more resistant to pirates. “Hardening” measures include razor wire on railings, fire hoses to repel the pirates, and unbolting ladders that lead onto the boat. Phillips does not believe this will stop the pirates, but rather, that they will find a way to adapt.
Maersk Chaiman John Clancey, also present at the hearing, does not believe that arming the crews is a good idea.
“Our belief is that arming merchant sailors may result in the acquisition of even more lethal weapons and tactics by the pirates, a race that merchant sailors cannot win. In addition, most ports of call will not permit the introduction of forearms into their national waters,” Clancey said.
Clancey also posed that greater liability may be assumed by the companies if sailors are traveling with weapons. Neither Chairman Kerry nor Phillips felt that this argument was strong, because of the intense amount of training that mariners go through already. Kerry, a former member of the U.S. Navy, feels that the benefits outweigh the risks, and that multinational agreements can be reached to work out the issue of bringing weapons into port.
Richard Phillips is scheduled to testify next week before the Senate Armed Services Committee.