Despite Ruling, Testing Debate Far From Settled

The U.S. Supreme Court renewed debate Monday over the fairness of high-stakes testing with its ruling that White firefighters in New Haven, Conn., who scored high enough to win promotion on an exam Black firefighters didn’t, were unfairly denied promotions as a result of their race.

“The Supreme Court sides with the White (firefighters) without really exploring the test itself for possible biases or deciding whether or not the test was the only test that could determine who is fit to be [promoted],” said Dr. Darnel Hunt, director of the Ralph J. Bunche Center for African American Studies at the University of California, Los Angeles.

“I would imagine, that the [opposition] will find solace in this decision and use it to try to argue that the test is the right measure of merit, and if minorities don’t do well then that is their fault. This decision opens the door for that,” said Hunt, who is concerned that this type of thinking could harm the college admissions bid of minorities who don’t score well on admissions exams. The ruling could alter employment practices nationwide and make it harder to prove discrimination when there is no evidence it was intentional.

In a 5-4 ruling, the justices, who split down ideological lines, determined that the city of New Haven’s decision to discard a promotions exam after none of the Black firefighters passed was unconstitutional, violating Title VII of the Civil Rights Act of 1964.

Associate Justice Anthony Kennedy delivered the opinion of the court in which Chief Justice John Roberts and Associate Justices Antonin Scalia, Clarence Thomas and Samuel Alito joined in. According to transcripts provided by The New York Times, Kennedy wrote, “Whatever the city’s ultimate aim — however well intentioned or benevolent it might have seemed — the city made its employment decision because of race. The city rejected the test results solely because the higher scoring candidates were White.”

In dissent, Associate 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.” Associate Justices David Souter, Stephen Breyer and John Paul Stevens signed onto Ginsburg’s dissent.

Media reports indicate that city officials in New Haven were perplexed as to how to handle the exam’s results. On the one hand, test scores promoting only White firefights would induce a lawsuit by the Black firefights. By throwing the test scores out, the city found itself in a lawsuit with the White firefighters.