Black firefighters object to white promotions

Posted: 8:43 pm Wed, November 18, 2009
By Associated Press

A group of black Connecticut firefighters hopes to block promotions for white firefighters who won a discrimination case before the U.S. Supreme Court.

The move threatens to re-ignite a long-running battle that became a central issue in the recent nomination of Supreme Court Justice Sonia Sotomayor.

The black New Haven firefighters argue in papers filed Monday that they still have a right to challenge the validity of the promotional exam.

The white firefighters sued New Haven after the city threw out results of some 2003 promotion exams when too few minorities did well. The Supreme Court ruled in June in their favor.

The attorney for the white firefighters filed papers in U.S. District Court on Friday asking for promotions. Attorneys for New Haven filed court papers proposing that eligible lists for promotion to lieutenant and captain be based on the 2003 exams.

But the attorneys for seven black firefighters say there still has been no finding that the promotional tests were valid. They said they have the right to challenge the validity of the tests and require the city to show they were valid before officials make promotions from them.

“If the city makes such promotions without inquiring into the exams’ validity, then it is making a race-conscious decision to promote those whites who used their skin color as a central, divisive basis for their lawsuit,” attorneys for the black firefighters wrote.

The black firefighters argue that attorneys for the white firefighters never forced the city to validate or invalidate the exams, which they called “facially discriminatory.” They said they have not been heard and, if they are not allowed to intervene now, their rights will be “irrevocably violated.”

“Ironically, the lurking claims of the black firefighters have been made a central and somewhat bombastic piece of this litigation — without the black firefighters even having had the opportunity to be heard on the issue,” they wrote.

They argue that the Supreme Court noted repeatedly that there was no record of “invalidness” and that the court did not assume the city would certify the exams.

“Moreover, no promotions were directly ordered by the court; the question remains open,” they wrote.

Attorneys for the black firefighters also took issue with what they called “the oft-repeated phrase of how hard the white firefighters studied.”

“The black firefighters studied, took the examinations and also had reasonable expectations and hopes for promotions, as well,” they wrote.

Karen Torre, attorney for the white firefighters, said in a statement she would be surprised if the district court allowed the attempt to intervene to delay the promotions of her clients “given the clear directions of the U.S. Supreme Court.” She said the firefighters who are attempting to intervene did not qualify for promotion in 2004.

“Thus, they have no ‘right’ that will be impaired by the promotion of the plaintiffs who have legally established their entitlement to promotion per the decision of the nation’s highest court,” she said.

Torre said the firefighters’ attorneys were active allies of the city in the case.

“Their views did not prevail before that court and while it is obvious that they are unhappy and resentful over that outcome, that is no excuse for their latest action which is an extreme provocation,” Torre said.

Torre said the Supreme Court took the extra step of stating that “it should be clear” that in light of its decision, the city may not be held liable for discriminatory impact should a subsequent lawsuit be filed.

“It is unfortunate that these interveners’ lawyers cannot abide by that admonishment or so blinded by upset over the outcome that they cannot read,” Torre said. “Their complaint boils down to a whine that the dissent should have prevailed.”

City officials issued a statement saying “it is our intention to move forward and not focus on the past. As our proposal stated last week, we are interested in making promotions as appropriate and strengthening the future of the New Haven Fire Department.”