South Carolina Employment Law & Labor Law Firm - Employment & Labor Lawyers | Gignilliat, Savitz & Bettis - GS&B

News

U.S. Supreme Court Rules in Favor of Firefighters

July, 01 2009

The Supreme Court this week issued a much anticipated ruling in the case of Ricci v. DeStefano. The court held that an employer's fear of suit by minority candidates for promotion was not sufficient basis to disregard the results of a test administered to rank candidates for promotion. A copy of the decision is available by clicking here.

Test Results Favored White and Hispanic Firefighters

The test administered by the city resulted in no black candidates for promotion being eligible. City management believed that the test had a disparate impact on minority candidates for promotion and elected to throw out the test results. White and hispanic firefighters who had qualified for promotion sued , claiming that the city's decision not to promote them due to concerns about challenges from minority candidates violated Title VII's prohibition on making employment decisions based on race.

A New Standard

The Supreme Court agreed with the firefighters. In the process, the court held that an employer must have a strong basis in evidence for concluding that making a race-based employment decision is necessary to avoid disparate impact. In particular the court noted that the City had gone through detailed steps before giving the test at issue to ensure the test did not create a disparate impact and that the City had not developed substantial evidence in the lower court showing that other equally valid but less discriminatory testing methods were available. The court also held that fear of Title VII litigation from the minority candidates who would not be eligible for promotion did not by itself justify making a race-based decision to disregard the test results.

Little Guidance for Employers

The high court's ruling provides little guidance for employers that use tests to assist in promotion decisions. Unlike other states, South Carolina does not have a formal civil service system in public employment that requires use of tests, and that may lessen the impact of the case in this state. Nevertheless, public and private employers that use tests to rank candidates for promotion should be sure to take documented steps to show that the test is valid and that it does not discriminate by producing results that favor one group disproportionately to others. And employers who do believe their tests may be discriminating will need to have concrete evidence that goes beyond the raw test results in order to disregard those results.

Employers who have questions about employment and promotion testing and their obligations under Title VII and other civil rights laws should consult with legal counsel or contact us.

Back to News Listing