Ricci v. DeStefano

"The . . . standard [announced by the majority], as barely described in general, and cavalierly applied in this case, makes voluntary compliance a hazardous venture."
--Justice Ginsburg, writing for the dissent

In the 5-4 decision in Ricci v. DeStefano, a narrow majority of justices on the Supreme Court concluded that the city of New Haven, Conn. violated Title VII of the Civil Rights Act of 1964, when it declined to make promotions in the fire department on the basis of a test that screened out almost all of the minority test-takers. With this decision, the Court has endangered critical equal employment opportunity safeguards that have been in place for decades to encourage employers to utilize tests that are both fair and effective.

Despite the rulings below for the city and fervent arguments on appeal from both civil rights groups and employer groups in defense of the city's actions, most expected the majority to rule along ideological grounds for the Ricci plaintiffs. Nevertheless, the decision offered a number of surprises, particularly in terms of how far the Court was willing to go to rule for these plaintiffs.

Perhaps the most troubling aspect of the decision is the disregard for the fundamental rule of statutory construction to look to the plain language of a statute and the underlying congressional intent. Looking to the plain language of Title VII, Congress clearly intended for employers to ensure that tests are "job related for the position in question and consistent with business necessity" and to adopt "alternative employment practice[s]" that would lessen a disparate impact. This decision contravenes the clear legislative language and intent of Title VII.