We are getting news today that the Supreme Court has ruled on the infamous New Haven Firefighter reverse discrimination case.
Supreme Court nominee, Judge Sonia Sotomayor, in a strange coincidence, was one of the presiding judges during this case’s original appeal.
The High Court has ruled in favor of white firefighter Frank Ricci, reversing Judge Sotomayor’s ruling.
As most of us are aware, the New Haven firefighter case was about whether or not Mr. Ricci was unfairly discriminated against when he passed (with flying colors, I might add), the city of New Haven’s standard test, the results of which determined one’s eligibility for promotion within the department.
Ricci, unfortunately, did not get the promotion, because just after taking the test, the city threw out all test results because no eligible black firefighters (and only one Latino) had passed it.
The city’s defense was that they were following applicable federal law- Title VII, if you want the name for it- that prohibits an employer’s discriminating against any race in its hiring or promotion practices. Even if the discrimination is not purposeful, it is still illegal, according to the law.
When Ricci initially brought suit against New Haven, he lost, and the trial judge ruled in favor of the city.
Not to be deterred, he appealed the ruling at the federal level, where it fell into the lap of Judge Sonia Sotomayor’s federal appellate court. Sotomayor (in a unanimous decision, reached along with the two other judges on the panel), upheld the trial court’s decision, ruling in a depressingly brief statement, that the applicable law- love it or hate it- had been appropriately applied.
Ricci then asked the U.S. Supreme Court to hear the case. The High Court has spoken, and Frank Ricci is likely a very happy man.
I have had feelings that were difficult for me to reconcile about this case from the start.
I do not fault Judge Sotomayor in her decision, as she was merely charged with determining whether or not New Haven had been on the right side of the law when the city decided to throw out the test. Simply looking at legal precedent, New Haven’s officials acted the way the Title VII statute requires them to.
This case is a true eye-opener, and is a symptom of the challenges that can develop as a result of changing times.
In the not too distant past, reverse discrimination was a myth. It was an excuse used by lazy white people who did not have the education or the drive to get a real job and go to work. This country, at that time, was so terribly stacked against minorities that the notion that white people could possibly be victims of discrimination was absolutely ludicrous.
Now, however, things are different.
We have multiple laws- both state and federal- protecting workers from discrimination. These laws cover everything from gender to sexual orientation, from race to religious background. Not only are these laws on the books, they are actively in use. We have affirmative action- require some organizations to hire certain percentages of minority workers; we have colleges and universities that give preferential treatment to qualified minority applicants over equally qualified white candidates who apply for admission.
I have never been against affirmative action, as in my lifetime I have seen a real need for it. These laws, these practices, in my liberal mind, have always been my definition of reperations, the much-needed apology of a nation who has done dastardly deeds to minorities for centuries.
Today, however, I am conflicted.
Make no mistake- I am not so naive as to believe racism or (and perhaps especially) discrimination is dead. No, I still see evidence of it in my day-to-day life, and I am as appalled by it today as I ever was…
… But something has changed in this country.
The change is called progress.
No longer do we, as minorities, live in a nation where reverse discrimination is a ridiculous figment of certain people’s imaginations. On the contrary, we have made enough progress, moved far enough forward that reverse discrimination has become a real problem.
This case never could have happened had we not successfully begun to level the playing field.
For that fact alone, I am quite proud of my country today.
Make no mistake- we aren’t there yet.
There are still companies that will find silly and illegal reasons to keep from hiring a black man.
Or a woman.
Or a Muslim.
Or a homosexual.
… And apparently, in some cases, even a white person.
It is important to remember this fact, and to continue to fight against discrimination in all its forms. Companies still need to be held accountable for their hiring and promotion tactics, ensuring that they are not excluding anyone from realizing their true potential and achieving greatness.
The enemy here is, and always has been, discrimination.
We must be careful that we are not missing the forest for the trees. As Americans, we are the best- perhaps in the world- at doing just that.
It is discrimination we fight, and we fight it in all its forms.
Frank Ricci, while yes, a white guy, is a man with dyslexia and other learning disabilities.
He dedicated himself most thoroughly to passing the test administered by the New Haven fire department; a man who worked harder than probably anyone else to earn this promotion… quitting his second job so that he would have more time to devote to studying, spending large amounts (approximately $1,800) of his own hard-earned money on study materials and even hiring a tutor to come and read the materials to him, as his learning disabilities were so great, he could not have gotten through all of it on his own.
Some say the fact that Ricci had the resources to take such extraordinary measures to pass the test constitutes a bias. Simply put, not everyone has the luxury of quitting their second job, buying extra study materials, and hiring tutors to help prepare them for an upcoming test.
I agree, to an extent.
However, what I have not seen mentioned, at least not as point of fact, is that most people do not suffer from the learning disabilities Ricci has either.
How many of the other candidates had the unique challenge of overcoming dyslexia in order to prepare for and take this test?
Ricci went the extra mile, and in doing so, I believe he merely leveled the playing field.
He did not have an unfair advantage- in fact, he had a significant disadvantage- but rather than fall victim to the fact that he came to the starting line handicapped, he found away to overcome his disabilities.
This man was dedicated, he refused to let his shortcomings deter him. He found a way around his own handicap, and he knocked it out of the ballpark.
Since when is hardwork, creativity and digging up helpful resources not worthy of reward in this country?
He deserves his promotion.
Discrimination, in all its forms, is ugly.
Whether the victim is black or white, gay or straight, man or woman, Christian or Buddhist, learning disabled or not.
The goal is to create a level playing field, not to give minorities a free pass over all else.
It is because we are charged with fighting discrimination in all its forms that we should not be in support of hiring or promoting practices that tip the scales in the opposite direction either, causing a new group of people- fellow humans- to miss out on hard earned- and deserved- opportunities.
Regardless of race.
Past injustice does not constitute an excuse to inflict future injustice.
So…
… Today the Supreme Court ruled in favor of the white guy in a discrimination case, and strangely…
I’m ok with that.
I was planning to talk about other things today, but those plans were waylaid by the untimely death of Michael Jackson.
intangible unwillingness (inability?) to grow up to his very tangible Neverland Ranch. He makes a very powerful statement regarding the fact that maybe we were all wrong- maybe Michael himself got it wrong…
I think he was obsessed with pain… I think he hated himself so thoroughly that he wanted the world to see the disfigured freak of a man he viewed himself to be.
Abortion Docs, Jew Haters, Extremism and the GOP
Let’s just jump right in, cuz I really do have a lot to say.
Today I have right-wing extremism on my mind… something I’ve been mulling over lately… and something that truly makes my blood run cold.
It’s terrifying.
… And it’s escalating quickly.
Since Barack Obama descended on the scene with his eye turned to the presidency, we have seen this country’s lunatics come out in full force.
During the campaign we heard about assassination plots, accusations of Obama’s false ties to Muslim terror groups, chants and rants at Republican rallies calling for his death and accusations of treason.
Talk about foreshadowing… we all saw it unfolding. Most of us understood, upon witnessing the GOP presidential candidate and his running mate’s unwillingness to condemn the behavior (until it was much too late, that is), that the worst was yet to come.
We were right.
Now, within the past couple of weeks, we have learned of the brutal murders of Dr. George Tiller, an American abortion doctor and of another fellow American- a security guard named Steven T. Johns- at the Holocaust Museum in Washington, DC.
Both men were murdered by right-wing extremists- Tiller was killed by a well known pro-life advocate, Johns died at the hands of an 88 year old white supremacist and anti-semite.
The killers have been charged with murder, but inexplicably, neither men have been charged with any counts of terrorism. If these terrible acts of violence against Americans do not qualify as domestic terrorism, nothing does.
Perhaps as terrifying as the crazy people perpetrating this violence are the powerful “main stream” conservatives behind them, the people who in essence stir the pot… and then sit back, showing false horror, as it all comes to a boil. These are people you’ve all heard of… many of you even support their political and religious beliefs…
… Millions of you voted for at least two of them to become your next president and vice president, and you allow the others into your homes and cars by way of television and radio each and every day.
You know exactly who I am referring to.
John McCain, Sarah Palin, Rush Limbaugh, Ann Coulter, Sean Hannity, Bill O’Reilly and friends did not single-handedly cause the recent bloodshed on American soil by right-wing extremists.
They did, however, incite much of the ugliness we see today, and those that didn’t incite it, stood back and did nothing to cause the boiling pot to simmer, or cool off.
As a result, it has boiled over.
Now that these so-called leaders have stirred and heated up what I’ll call the “Crazy Pot”- essentially giving psychotic people a free pass- morally, at least- to terrorize and kill, they sit back, feigning shock and confusion… doing their very best to distract us from the facts- the fact that they are contributing to a violently divided nation.
It’s almost as if in realizing that their own party is falling apart, they have made the decision to fight- not to save the GOP or our very nation- but to take every last one of us down with them.
I do not understand the lack of outrage.
Where is the anger from my fellow Americans, both Conservative and Liberal alike?
I posted a piece on this site yesterday about David Letterman’s inappropriate comments regarding Willow Palin, Sarah Palin’s 14 year old daughter. I received hundreds of hits on that particular post alone, and the moral outrage seen in my comments section was mind-boggling.
Letterman’s joke was idiotic, and it wasn’t funny… but he didn’t kill anyone.
Why are people more enraged that he, a late night talk show host who makes his living by telling off-color jokes, made a stupid comment, than they are about the fact that two Americans were brutally murdered by politically motivated right-wing nutjobs, mere days apart?
It appears that certain conservatives in this country are so busy being pissed off at those who do not share their same beliefs, that they have missed the forest for the trees.
People are being murdered, and last time I checked, regardless of political or religious affiliation, Americans generally agree that murder is reprehensible. So many of these same people would willingly lynch David Letterman for telling his stupid jokes… while simultaneously looking the other way when members of their own party are killing others.
Prior to Dr. Tiller’s death, for example, Bill O’Reilly was igniting viewers’ anger by referring to him repeatedly as a “mass murderer”, “Tiller the Baby Killer”, and claiming that his abortion clinic was a “death mill”. After Tiller’s murder, O’Reilly mostly toned back his hateful rhetoric- even acknowledging that Dr. Tiller was breaking no laws, but did not address- not a single time- all the right wingers out there that dared celebrate the horrific death of a fellow American.
He showed no real outrage at this violent act of terrorism.
He simply did a lot of back-pedaling, hoping that in doing so, America would not see his (inadvertant) role in this tragedy.
O’Reilly did not shoot Dr. Tiller, but he helped incite the violence and hatred that ultimately led to his death.
This is a disturbingly common trend, and it is downright horrifying.
If half of the people who expressed such outrage at, say, Letterman’s dumb jokes, showed that sort of contempt over the events that led to these two dead Americans, our country would perhaps be in slightly less dire straits.
How disgustingly terrifying.
Posted by C Haze on June 14, 2009 in Abortion, Barack Obama, Bill O'Reilly, Comments, Conservative, Current Events, David Letterman, Democrats, Elections, Hate, Holocaust, John McCain, Liberal, Life, News, Politics, President, Republicans, Sarah Palin, Sean Hannity, Sex, Terrorism, War on Terror, Willow Palin
Tags: Ann Coulter, Anti-Semitism, Barack Obama, Bill O'Reilly, Current Events, David Letterman, Democrats, Dr. George Tiller, Election, Extremism, Extremist, GOP, Governor, Holocaust Murder, Holocaust Museum, John McCain, Life, News, Politics, Presidential Election, Republicans, Rush Limbaugh, Sarah Palin, Sean Hannity, Steven T. Johns, Terrorism, War on Terror