Diversity --> As pundits debate the political ramifications of this week's ruling by the U.S. Supreme Court in favor of a group of white firefighters who say they were discriminated against, some organizations say the decision could have a chilling effect on workplace diversity issues.
Meanwhile, the general public seems to agree with the white firefighters and the Supreme Court, according to a CNN poll.
Marge Baker, executive vice president of the left-leaning People For the American Way said Monday's Supreme Court decision -- which overturned an earlier decision by a panel that included Supreme Court nominee Sonia Sotomayor -- could severely weaken Title VII of the Civil Rights Act of 1964. That portion of the law prohibits workplace discrimination on the basis of sex or race.
"Title VII dramatically improved the diversity of police and fire departments that previously had few, if any, minorities or women," Baker said in a statement. "Under the restrictions put in place today, it will be much more difficult for these departments to continue to build a diverse workforce.
In the case, titled Ricci v. DeStefano, a group of 20 white firefighters in New Haven were passed up for a promotion by the city even though they achieved the highest marks on an exam. The city withheld their promotion on the grounds that the test left none of the department's black firefighters -- and only one Hispanic -- in line for a promotion.
Speaking to HispanicBusiness.com Monday, Baker said she agrees with the city's initial instincts that the test was flawed.
For instance, she said, the exam failed to test for something called "command presence," in which the applicants are evaluated based on their supervisory acumen. It also included a segment that was completely irrelevant to New Haven, asking firefighters whether it is appropriate to park fire trucks downtown or uptown.
"New Haven doesn't have an uptown or a downtown," she told HispanicBusiness.com.
Meanwhile, a CNN poll released today concluded that nearly two-thirds of Americans believe the city was wrong in withholding the promotion of the white firefighters.
But Baker said the ruling undermines the portion of Title VII meant to guard against unintentional discrimination through practices that have a "disparate impact" on minorities or women.
As for whether the high court's ruling will have any effect on Sotomayor's chances of being confirmed by the Senate, Baker -- a staunch Sotomayor supporter -- says she isn't worried.
"She and the majority of the court followed the law and what the Supreme Court did today was change it," she told HispanicBusiness.com. "There's no way she could be expected to know the court was going to change the law."
