TINNEY V. NEW HAVEN: RICCI ACT 2

OFCCP Blog Spot
by Art Gutman Ph.D., Professor, Florida Institute of Technology

In a lawsuit filed in the District Court of Connecticut, Garry Tinney and six co-plaintiffs sued the City of New Haven and the International Association of Firefighters Local 825 for racial discrimination in relation to the promotion exams targeted in Ricci v. DeStefano. Recall that the Supreme Court ruling in this case was that New Haven could not prove a reasonable basis for believing they would lose an adverse impact challenge to minority applicants for promotion to lieutenant and captain. Of course, there was every reason to believe they would be sued, and the lawsuit was filed on October 7, 2011 (see http://www.newhavenindependent.org/archives/upload/2011/10/Firefighters.pdf). The lawsuit cites the 5th and 14th Amendments, and both adverse impact and disparate treatment under Title VII.

Full Blog Post: http://ofccp.blogspot.com/2011/11/tinney-v-new-haven-ricci-act-2.html