News

PUSH Supports US Supreme Court Ruling in Favor of Black Firefighters

CHICAGO (May 25, 2010)--We agree with the opinion of the Supreme Court in Lewis v. Chicago, the firefighters case. Black firefighters argued that by refusing to hire qualified black test-takers, the city employed an unlawful hiring practice. By limiting hiring to those scoring 89 or higher on a pre-employment test, black firefighters were discriminated against because the test may have disproportionately disqualified black firefighters and the test is not rationally related to the job to be performed.

The case has not reached an end. It will now go back to the trial court to determine whether a “continuing violation” of Title VII has occurred. The trial court will now have to determine whether the firefighters can prove that the test disproportionately and unfairly excluded qualified black firefighters.

In this sophisticated age, proving intent is always difficult and sometimes impossible, resulting in many valid claims of discrimination being tossed out at the summary judgment stage. As a result of this decision, the firefighters will get their day in court and have a chance to prove their case.  When summary judgment is granted, a jury never sees the evidence. Instead it is tossed into the trash heap because there is no possibility under the law that the claims asserted are valid.

The case goes to the heart of what it means to be “qualified.” The city admitted that those who passed the test were qualified to do the work of firefighters but, as a practical matter, hired only those who scored 89 or more. Either they were qualified, or not. The city can’t have it both ways. Perhaps the city will now admit its mistake in the selection process and settle with the first responders who have spent more than a decade working to enforce the constitutional guarantee of equality under the law.

The Rainbow PUSH Coalition is a progressive organization protecting, defending and expanding civil rights to improve economic and educational opportunity.  The organization is headquartered at 930 E. 50th St. in Chicago. For more information about the Rainbow PUSH Coalition, please visit http://www.rainbowpush.org or call (773) 373-3366

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