Ricci v. DeStefano, 557 U.S. 557 (2009)

Questions Presented

When a valid selection process yields results which are not proportionate and where the results show that some races are not represented yet the process was carried out using the right procedures, is the municipal council allowed to reject the results yet the successful candidates went through a due process using 42 U.S.C. 1981a? 

2. Since under the Act it is unlawful for employers to adjust scores or use a different cut off scores or act otherwise in employment-related tests by races, does the Act guarantee employers reasons enough not to use tests for the causes of races at the same time?

3. If due to public interests, and for the purpose of eradicating instances of racism and corruption in the civil service and the highest court in the state mandate a municipal council to act with strict compliance to the racial-blind competition and selection by merit, is a federal court justified to cancel the results and allow the municipal councils to act without compliance with the Act?

4. Is it the aim of the Act to trade successful candidates’ selection to the to achieve racial proportionality yet the equal employment Act was made to curtail such?

5. Lastly, is it lawful for an employer to reject the results of a test in the workplace because the successful candidates all belong to the same race whether being the majority race of the minority race?

Issues

The only issue that stood out in the case was whether the municipal council and the civil service, in general, are justified under the Equal Employment Act or Title VII to decide on the results of a test whose results were acquired in the right manner. The issue of not using the results, in this case, can be seen as one which favors one racial class over the other. The observation of the situation in this plight is, therefore, one that seeks to establish whether it is illegal to adjust the test or cut-off scores in that case or whether upon being convinced, the employer could decide not to utilize the same criteria at all if the successful candidates all come from the same race. 

Facts

In 2003, the municipal council of the City of New Haven administered a test that was aimed at filling vacant lieutenant and captain positions in their fire department. The written tests were essential as they accounted for 60% of the general assessment and the ability of a singular candidate to fill the vacant position would, therefore, be judged in such an immense way from the written test. 

The other test that was administered was the oral test. It was also a necessary test because it accounted for 40% of the final results of the individuals who would fill the lieutenant and captain positions. The tests were administered s they were purposed but the officials were not satisfied by the written tests even when they were conversant with the oral tests. 

The municipal board of the city of New Haven upon evaluating the results of the written tests found that the only candidates who had passed were from the white majority where they related the test to a disparate and adverse impact on the minority population especially the African-American population. The board found it worthy not to certify the results in accordance to the Title VII where they alleged that the Equal Protection Clause was violated causing a series of cases where the federal district gave a summary judgment against the dismissal of the violation of the Equal Employment Act. The petitioners, however, argued that even when there was a need to see racial balance, the Equal Employment Act did not allow an employer to discriminate other races. At the same time, the defendants claimed that they did not alter the results and were only thinking of discounting them.  The case progressed, and the Supreme Court affirmed the decision of the district court at last on January 9, 2009.

Implications of the Ruling

The ruling implied two mostly felt things;

1. The Equal Employment Act was not Act that was developed to ensure racial balance but was just a clause that argued against racial discrimination meaning that anyone regardless of their race was guaranteed employment if at all the process of examination was followed correctly. 

2. The Equal Employment Act is a competency-based Act, and every person is entitled to employment and no racial cut-offs or discounts should be made to favor some races not even the minority races by any employer. 

Necessity of Communication

The case progressed because of a simple reason which was a failure in communication among the members of the fire department. First, the management should have informed that the results of the process would not favor any race and that anyone who needed an appraisal ought to have competed like the rest would have prepared all the candidates psychologically and hence the board would have approved the results regardless of the racial performance. 

Comparison and Contrast

While the management handled the case without consulting other members of the fire department inclusive of the junior employees, our fire department considers the thoughts and opinions of every employee in decision-making. 

While the management did not find a reason to come to a consensus with the employees who thought their rights had been abused, our fire department always seeks to see a cohesive work environment whereby every employee is given a chance to air their views and their concerns addressed. 

Analysis

The case of Ricci v. DeStefano is one that raises questions concerning the process of hiring and employment with great regard being made to fire stations. The results and the final decision made on the case, however, reveal a quintessential need while managing appraisals and employment whereby every employee regardless of their race should realize that the Equal Employment Act is not an avenue for favoring some races. Everyone should, therefore, prove competence if they are to acquire an appraisal at the department and the fire department should recognize that it is unlawful to Act otherwise. 

References

Ricci v. DeStefano, 557 U.S. 557 (2009)

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