Posted in C-Haze, Change, Current Events, Discrimination, Frank Ricci, Hope, New Haven, News, Policy, Politics, Race, Sonia Sotomayor, Supreme Court

The Death of Affirmative Action?

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.

Posted in Barack Obama, C-Haze, Conservative, Current Events, Democrats, Liberal, News, Policy, Politics, President, Race, Republicans, Sonia Sotomayor, Supreme Court

Judge Sotomayor, New Haven and Reverse Discrimination

Along with bogus charges of racism, we are now hearing rumblings of discontent regarding Supreme Court nominee Sonia Sotomayor’s ruling in the infamous New Haven firefighters’ reverse discrimination case.

First, a little background.

New Haven, CT adopted a written exam in 2003 for the purpose of determining which of the city’s fire fighters are eligible for promotion to Lieutenant and Captain within the department. The city ended up throwing the test out a year later, after determining that no eligible black workers had passed the exam.

A white fire fighter by the name of Frank Ricci scored exceptionally high on the test, and would have received the promotion, had the test not been deemed inadmissable by the city. Ricci in turn sued the city of New Haven for reverse discrimination, claiming that he was in effect losing his rightful promotion as a result of a policy that catered to blacks and minorities.

The trial court disagreed, and Frank Ricci lost the case.

Ricci appealed the lower court’s decision to the 2nd U.S. Court of Appeals, where it fell into the lap of Judge Sonia Sotomayor (and 3 other judges, as part of a panel. For the sake of this post, we’ll just talk about Sonia Sotomayor). Sotomayor rejected the appeal, upholding the lower court’s ruling. The case is currently being heard by the U.S. Supreme Court, with a ruling expected by late June of this year.

Judge Sotomayor’s decision was a controversial  one, especially among conservatives, who tend to believe she should have sided with the fire fighters.

If one truly understands how the oft-squeaky wheels of justice turn, and the responsibilities of an appeals court judge, the case isn’t quite as controversial after all… and one begins to see it has less to do with Judge Sotomayor and more to do with the legal precedent she had no choice but to utilize in making her decision.

The city of New Haven did not simply throw the written test out because it felt like it, nor was the test deemed inadmissable by a single party, hell-bent on building a blacks-only department.

Hardly.

The test was found to be in violation of Title VII, which is the federal civil rights law that requires employers to consider the racial consequences of any hiring or promotion practice. Whether on purpose or inadvertent, if the practice excludes minorities, it is illegal. The New Haven test, according to the law, was an illegal promotion tool, as eligible black fire fighters were not able to pass it. As a result, the city had no choice but to throw the test out.

If one is to take issue with this situation, the issue must be taken with the law itself- Title VII- not with the city’s actions, nor the judges’ rulings on the case.

The city, as well as the trial court, and most especially the 2nd U.S. Court of Appeals, were simply following the applicable law.

Most would agree, whenever possible, it is important that a judge apply the already-written law(s) when making a ruling, and follow the constitution to its letter. Generally speaking, it is inappropriate for a judge to disregard current laws in making a decision on a case. The law is the law, no one is above it, and if a law exists when a case is heard, that law must be followed.

This is exactly what Judge Sotomayor did when ruling against Frank Ricci of the New Haven Fire Department. Her ruling was a direct result of her following an already existing law.

Period.

 The 2nd U.S. Court of Appeals was not the appropriate venue to fight the merits of Title VII, and whether or not the law lends itself to the creation of reverse discrimination. Judge Sotomayor was charged with making a decision based on the laws that are already in place- and determining whether the original trial court had correctly utilized the applicable law in making its ruling.

So that’s exactly what she did, and did so using the strong legal precedent that had already been set by her court, her jurisdiction- the 2nd U.S. Court of Appeals.

As the GOP knows all-too-well, for Judge Sotomayor to have ruled any other way, her decision would have amounted to Judicial Activism.

Ironically enough, many key Republicans have voiced concerns over Sotomayor, claiming that they are worried she may be a Judicial Activist.

Funny, considering how up-in-arms these same people are today as a result of her refusing to do just that in the New Haven case. 

Judicial Activism occurs when a judge legislates from the bench. Typically, it is a judge’s responsibility to apply applicable law- using legal precedent- in making his/her rulings. Creating new laws is the responsibility of Congress- the Legislative Branch of government. When a judge attempts to circumvent written law, he/she is called a Judicial Activist.

Some famous cases involving judicial activism include Dred Scott, Roe v. Wade, Brown v. The Board of Education and Plessy v. Ferguson. While landmark cases for sure, their rulings were the response to scenarios in which no previous legal precedent existed, and so judges had no applicable law to fall back on. Therefore, they had to interpret the Constitution, resulting in a ruling that in effect created its own legal precedent for future cases to utilize.

Generally speaking, I am no fan of Judicial Activism. I think the law is in place for a reason, and if I disagree with a law, the proper venue for me to express my dissatisfaction is with my congressional representatives. They are the people charged with making the laws, while judges are responsible for upholding them, as written.

I don’t know how I feel about the New Haven case. 

I  sympathize with Frank Ricci. I learned, while researching this case, that he is dyslexic, and had to work exceptionally hard to pass the test- let alone score as highly as he did.

However, I also sympathize with any hard-working minority, who as the result of a racially-skewed test, is effectively shut out of a promotion process that he or she deserves to be a part of as much as anyone else.

Overall, I am happy that a law such as Title VII is on the books, and I’m happier that it’s a federal law. To me, any law that makes discrimination illegal in all 50 states certainly has its merits.

If anyone, I fault the city of New Haven in this case. Had they come up with a non-biased test to begin with, both Frank Ricci and any other qualified employee would have been promoted… and everyone would be happy. I applaud the city for taking the steps necessary to correct its error by throwing out the test, but I mourn the casualties such an action created. Sometimes the right thing to do is not the easy thing to do… and sometimes when we make mistakes- even honest ones- it’s the innocent bystanders that are hurt the most.

Frank Ricci, it seems, has suffered quite a bit, as have other hard-working minority fire fighters. Every last one of them deserved a chance at bettering themselves… and yet all of them have suffered greatly.