The following is summarized from Legal Briefings for Fire Chiefs, SPECIAL BULLETIN, RICCI et al. v. DESTEFANO et al. (“The New Haven Case”). Citation: Frank Ricci, et al. v. John DeStefano, et al, Nos. 07-1428 and 08-328. Supreme Court of the United States. (2009)
By a 5-4 decision, the Supreme Court overturned a ruling that the New Haven promotional tests were racially biased.
Background. The city charter governs the promotion process when the City of New Haven, Connecticut, fills vacant positions in its fire department. The charter establishes a merit system that requires the City to fill vacancies with the most qualified individuals as determined by job-related examinations. After each examination, The New Haven Civil Service Board (CSB) certifies a ranked list of applicants who passed the test. Under the charter’s “rule of three,” the relevant hiring authority must fill each vacancy by choosing one candidate from the top three scorers on the list. Certified promotional lists remain validated for three years.
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