The Second Circuit today reinstated claims brought by a black firefighter against the City of New Haven alleging that he was unfairly denied promotion to the position of lieutenant because of the city’s scoring of a 2003 promotional exam. (I covered the original lawsuit back in 2009 here.)
The decision in Briscoe v. City
News outlets this morning reported that the plaintiffs (a group of firefighters in New Haven) in the Ricci v. DeStefano reverse discrimination case were awarded damages of about $2 million (plus attorneys fees of $3 million).
What the reports don’t really get into, however, is exactly how that has come about. Turns out that the
Last week, a federal district court in Connecticut held that the Department of Corrections violated federal law in instituting a discriminatory physical fitness test that created a disparate impact on women. It also found tha
t the test was not job-related or necessary.
In doing so, the court granted summary judgment to the employee
Been a busy week so there’s time only for a few things to some recent and upcoming publications, podcasts and radio shows that I’m involved with. My thanks to the respective producers or reporters for the opportunity.
The Ricci v. DeStefano case (now on remand from the U.S. Supreme Court) has vanished from the headlines, but the case is still kicking around as the courts and the parties attempt to fashion a remedy that fits with the judgment in favor of the plaintiffs.
For some time now, however, the plaintiffs have made
2009 will not go down as the most exciting year for employment law. There were a number of "honorable mentions" for items that have had an impact, but nothing — in my view really stands out.
I suppose for Connecticut, the Ricci v. DeStefano case has to be put up at the top of the
For those who can’t get enough of the Ricci v. DeStefano matter — you know, the Supreme Court case involving a group of 20 firefighters from New Haven — the Connecticut Law Tribune this week offers up a profile of the attorney for the plaintiffs, Karen Lee Torre.
But those hoping for a second act
So, while everyone has been paying attention to the Ricci v. DeStefano case, which dealt with a group of white firefighters who claim that they should’ve been promoted, another case involving New Haven firefighters has been making its way through the state court system.
(As an aside, are there any firefighters in New Haven
It was never really a question of if, but when.
And yesterday, the United States District Court in Connecticut made final what had long been anticipated in the Ricci v. DeStefano case — the promotions of variou
s firefighters to the positions of Lieutenant and Captain. You can download the order here.
In doing
Yesterday, a group of black firefighters filed a motion to intervene in the Ricci v. DeStefano case claiming their rights will be "irrevocably impaired " if they aren’t allowed to join in the case. You can download the motion and the accompanying memorandum of law here.
The motion was not unexpected though I’m not