Expressly, race-based employment decisions are illegal, theSupreme Court ruled late last month in a closely watcheddiscrimination case brought by white and Hispanic firefighters.
The court also said in the ruling that fear of litigation alonecannot justify an employer's reliance on race to the detriment ofindividuals who passed examinations and qualified forpromotions.
The court's 5-4 decision in Ricci v. DeStefano, No.07-1428, dealt with a lawsuit filed by white and Hispanicfirefighters in New Haven, Conn. They brought their action afterthey were denied promotion because no blacks qualified forpromotion under the test results.
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