Expressly, race-based employment decisions are illegal, the Supreme Court ruled late last month in a closely watched discrimination case brought by white and Hispanic firefighters.
The court also said in the ruling that fear of litigation alone cannot justify an employer's reliance on race to the detriment of individuals who passed examinations and qualified for promotions.
The court's 5-4 decision in Ricci v. DeStefano, No. 07-1428, dealt with a lawsuit filed by white and Hispanic firefighters in New Haven, Conn. They brought their action after they were denied promotion because no blacks qualified for promotion under the test results.
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