High Court Rules In Favor Of Black Fire Dept. Applicants

The U.S. Supreme Court reached a unanimous decision in favor of more than 6,000 black applicants for Chicago firefighting jobs in the 1990s, the Chicago Tribune reported. The nine high court justices agreed that the written exam for the Chicago Fire Dept. had a "disparate impact" based on race.

One of the Illinois employment lawyers representing the plaintiffs estimated that the damages could reach up to $100 million. Applicants who had "qualified" scores on their tests but were excluded from consideration may seek damages from the city, but this case is not quite over yet.

The Supreme Court justices remanded the case back to the 7th U.S. Circuit Court of Appeals in order to determine two key things, said Mara Georges, Corporation Counsel for the Chicago Dept. of Law:

"First, whether they preserve the argument that each use of the list has disparate impact. And second, whether they presented the necessary evidence to support that argument."

In other words, the high court determined that use of the test had a discriminatory impact on black applicants but now it's up to the lower court to work out the details and ultimately the severity of the claims. The ruling was issued earlier this week.

The case began 15 years ago when the city decided to only consider those applicants who scored 89 or higher, since 26,000 applicants took the exam. The cut-off excluded a disproportionate number of black applicants and the city was unable justify the use of the cut-off score. Experts testified that those scoring in the 70s and 80s were sufficiently qualified for the job.

The Obama administration joined civil rights lawyers in appealing the lower court decision and the Supreme Court took up the case. Conservative Justice Antonin Scalia, not known as a civil rights champion, said he based his decision on the letter of the law:

"Our charge is to give effect to the law Congress enacted."

This case illustrates that rights of individuals can get violated in the workplace. If you feel that you are part of a protected class of individuals that has been discriminated against, it may be useful to meet with a Chicago employment lawyer.

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