I'm very surprised Clarence Thomas didn't write this opinion:
So, the way I understand it:
New Haven was wrong to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results, the court said Monday in a 5-4 decision. The city said that it had acted to avoid a lawsuit from minorities.
The ruling could alter employment practices nationwide, potentially limiting the circumstances in which employers can be held liable for decisions when there is no evidence of intentional discrimination against minorities.
"Fear of litigation alone cannot justify an employer's reliance on race to the detriment of individuals who passed the examinations and qualified for promotions," Justice Anthony Kennedy said in his opinion for the court. He was joined by Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas.In dissent, Justice Ruth Bader Ginsburg said the white firefighters "understandably attract this court's sympathy. But they had no vested right to promotion. Nor have other persons received promotions in preference to them."
- This makes it easier for business owners to enact racist hiring/promotion practices
- If a white man doesn't get a promotion, it's automatically discrimination, regardless of whether a POC received the promotion at their expense.
- As long as business owners do not actively tell the POC they pass over that they are being ignored because of their skin color, it's A-OK!
Disgusting. Here's hoping that Ms. Sotomayer gets to the Court sooner rather than later.
Image from Ampersand