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New Haven/Ricci Deja Vu for Big Apple

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The New Haven firefighters case (Ricci v. DeStafano) was decided just in time for it to be a prime subject during Sonia Sotomayor’s confirmation hearings before the Senate Judiciary Committee. No sooner had the Sotomayor hearings ended than Ricci made its way back into the news by way of New York City.

A federal district judge in New York has decided that entry level tests given to job applicants ”unfairly excluded hundreds of qualified people of color from the opportunity to serve as New York City firefighters.” The tests in question were administered in 1999 and 2002, and according to New York Fire Department officials, significant progress has been made since then to increase the number of African-American and Hispanic firefighters in New York City. (Click here to read story in New York Times.)

Of course, the New York tests are different from the New Haven tests, so it’s unclear to what extent the U.S. Supreme Court’s decision in Ricci will apply. What is clear is that, despite Ricci, litigation over entry level and promotion employment tests is likely to continue.

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