Monday
Feb222010
Minority Firefighters Race Against The Clock
Fourteen years ago the city of Chicago gave an exam to applicants to their firefighter jobs. 37% of those applicants were black. When Chicago got the results, it bracketed all applicants into three groups, and said it would be hiring from the high-score group first. Only 11.5% of the applicants in that group were black, and understandably they sued.
However, those black applicants waited until after Chicago had hired some firefighters, filing suit 430 days after Chicago had announced the results and the groupings. That delay, Chicago says, means that the applicants complained after the 300-day statute of limitations on racial employment discrimination had run out. The black applicants countered that their lawsuit was filed only 181 days after Chicago had hired firefighters on the basis of the test, and that that hiring decision was the discrimination of which they complained.
This dispute about the timing of the statute of limitations today went before the U.S. Supreme Court.
Most of the Justices seemed to favor the applicants’ positions, including even conservative members of the Court. Chief Justice John Roberts seemed bothered by the idea that, even if the second tier of applicants had been told they would likely be hired, those applicants did not file suit as soon as the racially-uneven pools were announced. Worse, as pointed out by Justice John Paul Stevens, if the city of Chicago announced that it would only hire firefighters with high school degrees (assuming there was racial disparity in graduation rates), no one could file a complaint after 300 days. Even someone who only later decided to become a firefighter would have no right to complain about racial discrimination. If a city giving a racially-biased test made it 300 days without complaint, it could continue to use the test until the end of time.
On the other hand, some Justices seemed worried about the consequences of a decision in favor of the applicants. Justice Roberts worried that every time Chicago made a hiring decision it would give black applicants another opportunity to sue. Worse, a city receiving test results with an apparent racial bias would have to choose between using the test for hiring, and risk facing lawsuits whenever it hired someone, or throwing out the test, and potentially facing a lawsuit like the one brought by white New Haven, Connecticut, firefighters last year. Roberts conceded, however, that cities face potential lawsuits over all kinds of issues, and they have to figure out the best course of action to take.
Overall, though, the Justices seemed likely to rule in favor of the black applicants. Justice Antonin Scalia went as far as to argue with the applicant’s lawyer about whether the announcement of results is a violation at all. That announcement, according to Chicago, is the only violation.
The case is Lewis v. Chicago.
However, those black applicants waited until after Chicago had hired some firefighters, filing suit 430 days after Chicago had announced the results and the groupings. That delay, Chicago says, means that the applicants complained after the 300-day statute of limitations on racial employment discrimination had run out. The black applicants countered that their lawsuit was filed only 181 days after Chicago had hired firefighters on the basis of the test, and that that hiring decision was the discrimination of which they complained.
This dispute about the timing of the statute of limitations today went before the U.S. Supreme Court.
Most of the Justices seemed to favor the applicants’ positions, including even conservative members of the Court. Chief Justice John Roberts seemed bothered by the idea that, even if the second tier of applicants had been told they would likely be hired, those applicants did not file suit as soon as the racially-uneven pools were announced. Worse, as pointed out by Justice John Paul Stevens, if the city of Chicago announced that it would only hire firefighters with high school degrees (assuming there was racial disparity in graduation rates), no one could file a complaint after 300 days. Even someone who only later decided to become a firefighter would have no right to complain about racial discrimination. If a city giving a racially-biased test made it 300 days without complaint, it could continue to use the test until the end of time.
On the other hand, some Justices seemed worried about the consequences of a decision in favor of the applicants. Justice Roberts worried that every time Chicago made a hiring decision it would give black applicants another opportunity to sue. Worse, a city receiving test results with an apparent racial bias would have to choose between using the test for hiring, and risk facing lawsuits whenever it hired someone, or throwing out the test, and potentially facing a lawsuit like the one brought by white New Haven, Connecticut, firefighters last year. Roberts conceded, however, that cities face potential lawsuits over all kinds of issues, and they have to figure out the best course of action to take.
Overall, though, the Justices seemed likely to rule in favor of the black applicants. Justice Antonin Scalia went as far as to argue with the applicant’s lawyer about whether the announcement of results is a violation at all. That announcement, according to Chicago, is the only violation.
The case is Lewis v. Chicago.
tagged 
Chicago, Supreme Court, firefighter, race in News/Commentary, Supreme Court
Chicago, Supreme Court, firefighter, race in News/Commentary, Supreme Court
Obama Defends Auto Bailout During Visit To Chicago Ford Plant
By Sarah Mamula - Talk Radio News Service
“America’s automakers have added 55,000 jobs since last June,” said President Barack Obama at a Ford facility on Thursday. “And over the next two months, this plant will bring on a second shift of 1,200 workers…nearly doubling your workforce,” he added.
After recent visits to GM and Chrysler plants, Obama followed up his 49th birthday by touring a Ford Motor Company assembly plant in Chicago. While reiterating the success of the administration’s decision to bail out the auto industry, Obama also applauded Ford’s ability to survive the recession without taking government funds.
“Ford was in better financial shape and was able to weather the storm without federal assistance,” said Obama to an audience of 1,700 employees, industry representatives, elected officials, and community and labor leaders.
“That’s a testament to the hard work you all do and the choices this company made.”
The President also announced a new $250 million Export-Import Bank loan guarantee for Ford that will support the company’s efforts to sell cars overseas and increase opportunities for jobs.
“This [loan guarantee] will help Ford export more than 200,000 cars and trucks…that means more production and more manufacturing jobs,” said the President.
The loan initiative, Obama said, is one of several efforts the administration is making to help fulfill a pledge he made during his State of the Union address to double America’s exports of goods and services in the next five years.
“We’re going to support millions of good jobs for American workers to do what they’ve always done: build great products and sell them around the world,” said the President.