Firefighter Ruling Leaves Guidelines as Muddy as Ever

Employers likely to ditch written tests altogether to avoid discrimination suits

By Rob Quinn, Newser Staff

Posted Jun 30, 2009 7:47 AM CDT

(Newser) – Yesterday's Supreme Court ruling in favor of a group of white firefighters looks likely to be a boon for employment lawyers instead of cities seeking clear guidance, experts tell the New York Times. The court's ruling makes it harder for employers to chuck out tests that overwhelmingly favor whites, and many are expected to instead revamp their entire selection process to avoid discrimination suits.

"The ruling gives employers less flexibility to change the selection process once it’s established,” one employment lawyer said. “As a result, employers will want to try to establish bulletproof selection criteria.” Many cities are already moving away from using written tests in favor of assessment centers where applicants for hiring or promotion are judged on their ability to handle simulated real-life situations.

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Attorney Karen Torre, center speaks with Frank Ricci, front right, the lead plaintiff in the the "New Haven 20" firefighter reverse discrimination case. (AP Photo/Jessica Hill)

New Havenfirefighter Gary Tinney, one of a group of African-American firefighters in New Haven at the center of a controversy over promotions, stands in front of the firehouse where he works. (AP Photo/Bob Child, File)

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We don’t see clear, bright-line guidance here. This is going to be good for employment lawyers. - Lars Etzkorn, a program director with the National League of Cities.

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Firefighter Ruling Leaves Guidelines as Muddy as Ever