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Thursday, April 23, 2009

Discrimination claim spilts High Court

WASHINGTON — A divided Supreme Court took up its first examination of race in the Obama era Wednesday, wrestling with claims of job discrimination by white firefighters in a case that could force changes in employment practices.

The case from New Haven, Conn., pits white firefighters, who showed up at the court Wednesday in their dress uniforms, against the city government over its decision to scrap a promotion exam because no blacks and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results.

The court’s conservative bloc seemed inclined to side with the white firefighters. The liberals indicated that New Haven did nothing wrong by throwing out the test over concerns that it had an unintended but "disparate impact” on minorities in violation of the 1964 Civil Rights Act.

A ruling against the city, Justice David Souter said, could leave employers in a "damned-if-you-do, damned-if-you-don’t situation.” Souter’s comment reflected the concern of business interests.

by the associatd press