Don't need hypothetical examples, we already have a Supreme Court 2 cases right here in Connecticut because of changing exam standards:
"Reverse discrimination lawsuits filed against the city of Bridgeport, Connecticut, by twelve white and Hispanic firefighters alleging reverse discrimination were settled on December 1, 2009. The law suit filed in federal court in April alleged that the city had illegally denied promotions to the white and Hispanic firefighters by rescoring a 2006 lieutenant promotional exam.
Oddly enough, the rescoring took place in July, 2008 and resulted in three lieutenants being demoted based upon the rescoring. The city changed the original promotional grading formula from 50 percent written, 45 percent oral and 5 percent seniority to 75 percent oral and 25 percent written to help the minority candidates."
http://www.firelawblog.com/2009/12/04/reverse-discrimination-lawsuit-against-bridgeport-settled/
Sotomayor reversed in Supreme Court firefighters case Ricci v. DeStefano.
By
Lynn Sweet on June 29, 2009 10:13 AM |
2 Comments
WASHINGTON--The Supreme Court reversed Sonia Sotomayor, President Obama's Supreme Court nominee on Monday, in the New Haven firefighters case.
Sotomayor, who sits on the Second Circuit Court of Appeals, ruled that white firefighters in New Haven had not been denied promotions in a case where the city had thrown out the results of a test where white firefighters did better than minorities.
The
Supreme Court, in a 5-4 decision ruled that New Haven should not have discarded the results of the test.
http://blogs.suntimes.com/sweet/2009/06/ricci_v_destefano_and_supreme.html
However, these situations were rectified:
"The Bridgeport settlement requires the city to reinstate the three demoted firefighters to the rank they held in 2007, and firefighters who passed the exam as per the original scoring will be promoted granting them back pay and seniority retroactive to August 2008. The legal fees of $75,000 will also be paid by the city."
"
(CNN) -- After seven years of wrangling in a case that altered workplace discrimination law, 20 firefighters will receive a $2 million payout from the city of New Haven, Connecticut.
The compensation dates back to a 2009 Supreme Court decision that found the city discriminated against white firefighters when it threw out the results of promotion exams in 2004."
http://www.cnn.com/2011/US/07/29/connecticut.firefighters.lawsuit/
Maybe someday, someone will take the NCAA to a higher level of appeal.