The Supreme Court Decides the New Haven Firefighter Case
The Court ruled 5-4 for the eighteen white (including one Hispanic) firefighter plaintiffs. The majority held that an employer can invoke fear of "disparate impact" litigation by minority applicants as a defense to a charge that discarding the results was itself an act of unlawful discrimination. However, the lead opinion written by Justice Kennedy announced that the defense is only available where the employer has a "strong basis in evidence" for fearing disparate impact liability. The majority further found that the record in Ricci did not meet this standard.
It looks as if the test results were thrown out to appease African American Rev Boise Kimber.
Alito’s opinion notes Kimber’s heavy hand
No stranger to local controversy, the (African American) Rev. Boise Kimber landed an unlikely national role Monday in dueling opinions from the U.S. Supreme Court, probing the extent to which the politically connected pastor may have influenced decision makers in the civil rights case of 20 (19 white and 1 Hispanic) city firefighters.
Kimber seems to have plenty of political clout.
Kimber Gets Off The (Towing) Hook
A politically connected marshal let a politically connected minister off the hook when the dreaded Plate Hunter came to snatch his car The Rev. Boise Kimber, a key mayoral ally and powerbroker in the city’s black community as well as a fire commissioner, was having a late dinner Wednesday evening at Portofino’s Restaurant and Bar on State Street. Meanwhile, the Lombard Motors towing crew prowled the streets to snatch the parked vehicles of scofflaws with unpaid parking tickets.
The Lombard crew had begun to position the flatbed for removal when out popped Kimber into the street.
“He engaged the tow truck agent and the marshal,” Piscitelli said. Kimber and Criscuolo exchanged words. Then Criscuolo reversed the towing order and let Kimber go free.
So apparently Kimber decided he wanted African-Americans who didn't do as well on the test as the White and Hispanic candidates to get the job and used his clout to get the test results thrown out.