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In a 5-4 decision on Monday the nation’s highest court ruled in favor of a group of white firefighters who claimed they had been unfairly denied promotions. The city of New Haven, CT threw out an exam taken by the firefighters after it was leaned that no African Americans and only two Latinos passed it. In the Ricci v. DeStefano case, the group of white firefighters calling themselves “the New Haven 20” claimed that the city unfairly discriminated against them by voiding the test and thereby denying them promotions. A lower court ruled against the New Haven 20 – that ruling was upheld by Federal appellate Judge Sonia Sotomayor. According to Monday’s Supreme Court ruling, an employer is liable for unequal impacts only if they result from non-job-related criteria or if the employer could have used a method that had more equitable impacts. Those who supported Sotomayor’s verdict worry that the ruling will impede fairness and diversity in employment all across the nation. Meanwhile, the verdict also impacts the recent nomination of Judge Sotomayor to the Supreme Court. Sotomayor, whose Senate confirmation hearings begin July 13th, has already faced vocal opposition from right wing commentators like Rush Limbaugh who accused her of being a “reverse racist” based on her ruling in this case. The Supreme Court decision has fueled that criticism. Some conservative groups like Judicial Watch have reiterated the “reverse racism” accusations and used the verdict to argue that she is an “activist judge.”

GUESTS: Marge Baker, Executive Vice President of People for the American Way, Rev. Timothy McDonald, Chair of African American Ministers in Action and Pastor of First Iconium Baptist Church in Atlanta

For more information, visit www.aamia.org, and www.pfaw.org.