http://news.yahoo.com/s/ap/20100524/ap_on_bi_ge/us_supreme_court_firefighters_lawsuitCourt says black firefighter lawsuit can proceed
WASHINGTON – The Supreme Court ruled Monday a group of African Americans did not wait too long to sue Chicago over a hiring test they challenged as discriminatory, freeing them to collect a lower court judgment. (Snip)
Anyone who scored 64 or below was deemed not qualified. But the city set a second cutoff score of 89 points.
Officials told applicants who scored below 89 but above 64 that although they passed the test, they likely would not be hired because of the large number of people who scored 89 or above. The majority of those in the top-scoring group were white; only 11 percent were black.
People are supposed to sue within 300 days after an employment action they seek to challenge as unlawful.
The city says the clock started when it announced the use of the test scores on Jan. 26, 1996. The first lawsuit in the case was filed on March 31, 1997, 430 days after the city announced the results.
But the plaintiffs say a new act of discrimination also happened each time the scores were used in hiring firefighter trainees between May 1996 and October 2001.
A U.S. District judge agreed with the black applicants. After an eight-day trial, the federal judge ordered the city to hire 132 randomly selected African American applicants who scored above 64. The court also ordered the city to count up the backpay and divide it among the rest of the applicants. (snip)
"For decades we have tried to diversify the Chicago Fire Department," Daley said. "But at every turn, like most cities, we have been met with legal challenges from both sides. Still, this administration remains committed to ensuring that the department more reflects the racial make-up of the city."