WASHINGTON — Frank Ricci fights fires, saves lives and lends his name to the most closely watched racial-discrimination case now facing the Supreme Court.
The New Haven, Conn., fireman, who is white, was passed over for promotion despite outscoring other applicants, including African-American and Hispanic candidates. On Wednesday, the court, led by conservative Chief Justice John Roberts, must determine whether Ricci’s race impermissibly cost him an officer’s badge.
“This is the Roberts court’s first major decision on the issue of racial discrimination,” noted Lia Epperson, a law professor at Santa Clara University.
Ricci vs. DeStefano has summoned a major response. Twenty-six friend-of-the-court briefs have rolled into position. Six states want New Haven’s promotion decisions upheld.
Conservative interest groups back Ricci and the 19 other firefighters who sued with him.
The argument isn’t solely about fire departments. Sidley & Austin attorney Virginia Seitz, a former Supreme Court clerk, said that “the case has a bigger impact” because of its potential to affect all employers.
The case arises from New Haven’s efforts in 2003 to promote a new batch of lieutenants and captains. The resulting promotional exam was the chance of a lifetime for Ricci.
When the results of the 2003 exams came back, only white firefighters, including one who is Hispanic, scored high enough to be considered for the openings.
All 27 black firefighters who took the test were below the cutoff.
After tumultuous public hearings, with minority groups arguing that the tests were flawed and the white firefighters saying that officials were caving to political pressure, the city’s Civil Service Board voted not to certify the results.
The promotions remain in limbo.
The Washington Post contributed to this report.
