Wednesday
Apr222009
Supreme Court: Either Way New Haven Will Be Sued
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.
Latinos: The Sleeping Giant?
The U.S is not responding to the needs of its Hispanic citizens even though the population of Hispanics college students in the US rises and many industries are gearing their marketing toward this changing demographic, according to former director of the Department of Housing and Urban Development, Henry Cisneros.
Cisneros, now Executive Director at CityView and author of “Latinos and the Nation’s Future”, gave a speech on” Latinos and the Nation’s Future” today at the Woodrow Wilson Center.
“A very interesting phenomenon will be the growth of the second generation of Hispanic immigrants. The Pew Foundation says that this number, which is 11 million second generation Hispanics today, will be 30 million in 2030, so it will triple in 20 years or so,” said Cisneros.
Recently, the nomination of Hispanic judge Sonia Sotomayor to the Supreme Court has brought many criticisms from Republicans, who argue that she is not being sufficiently patriotic because she pronounces her name with a Spanish accent.The criticism of Sotomayor has renewed the debate on immigration integration.
Tamar Jacoby, President and CEO of ImmigrationWorks USA and co-author of “Latinos and the Nation’s Future”, said “For a long time, people have said that Latinos in American politics were the sleeping giant of American politics... The reason they thought that is because they said ‘look at these people, look at these demographics’... The political participation was below the potential.”
But Jacoby rejoiced of this complete turn for the best which began with the most recent presidential election of Barack Obama, saying that “In November 2004, 7.5 million Latinos voted; In 2008, 11 million Latinos voted.”
As a consequence of this Hispanic political awakening, Cisneros says that “We will see that the make up of community schools and colleges will be decidedly different in the time period we are describing... We will see that in markets as consumer products relate to the reality of these markets.”
Cisneros added that “Many industries view the growth of Latinos and immigration as the principal basis by which they will grow.”
“The sleeping giant woke up,” said Jacoby.