Ricci decision gives cases new life E-mail
Written by Mark Nichols   

While everyone was watching the Sotomayor confirmation hearings, the case that made her famous, or infamous depending on who you're talking to, continues to impact police officers and other public employees across the nation. As the result of the Supreme Court overturning Ricci vs New Haven, lots of cops that claim they were passed over for promotion because of racial discrimination or reverse racism can now pursue their claims.

Employment discrimination cases around the country that were basically dead in the water until the High Court's recent decision now have grounds to go forward - much to the relief of the cops, firefighters and others who believe they got a raw deal. In Memphis, Georgia, police lieutenants who were denied a higher rank in 2005 when the city decided test results weren't "racially balanced" may now get those promotions or back pay.

"I intend to ask for that, and I hope to get it," said attorney Hank Shelton, who represents a group of 30 or so officers. The Memphis case is similar to the New Haven case.  In both instances the city threw out the results of the promotional exams because not enough minorities passed and city officials anticipated lawsuits. "All the city did was look at the test and say, 'Not enough minorities and women did well' and toss the test," Shelton said.

"We said that was discriminatory." Monday was a good day, because we'd lost twice," said Shelton the day after the decision came down. "Normally in the federal system, it's two strikes and you're out. It's nice that we got a hit this time." According to court records, of the 115 officers who took the 2005 test, 61 were black, 54 were white and 24 were women.

Of the top 28, 21 were white and seven were black, with one of them a woman. Shelton hopes to get back pay dating back to 2005 for the officers who were promoted in 2008. Other complainants are simply seeking the promotions they were denied.

"I would say that would be the fairest result, and it's what I expect to happen," Shelton told the Memphis Commercial Appeal newspaper in a recent interview. The current yearly pay for lieutenants is about $62,000, according to the police department. Majors are paid about $70,800.


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