Sotomayor Reversed by Supreme Court

In a previous post, the case of Ricci v. DeStefano was reviewed. This is the so-called New Haven firefighters case in which Judge Sotomayor was one of three Second Circuit Court of Appeals judges to sign off on an opinion that ruled against white firefighters who had qualified for promotions but were denied them because the promotion tests had a disproportionate impact on African-American and Hispanic candidates. The U.S. Supreme Court has reversed that decision.

The Supreme Court’s 5-4 decision in Ricci will now be turned inside out and will become a major source of questions during Sotomayor’s upcoming confirmation hearings. One never knows how big a case is until its impact has been analyzed and its effect implemented by lower courts. It can be said now, however, that the Supreme Court’s decision could change the way discrimination cases under Title VII of the Civil Rights Act of 1964 have been traditionally handled. It also has probable implications for the whole concept of affirmative action, affirmative action plans, and less formal means used by employers to create a more diverse workplace.

Stay tuned for a thorough analysis of the Supreme Court’s decision. We’ll try to cut through all the smoke and noise this decision has created to determine what it means for employment law. We’ll also try to anticipate the decision’s impact on Sotomayor’s nomination to be the next justice on the Court.