Chicago Firefighters Case Before Supreme Court
Yesterday the U.S. Supreme Court heard arguments in a case filed by black firefighter applicants, who claim that a pencil-and-paper multiple choice employment test is discriminatory because black applicants disproportionately scored too low to qualify for employment in 1995.
Specifically, the plaintiffs claim the city used an unlawful score cutoff point. Those who scored 64 or below were disqualified. Because so many applicants scored 89 or above, however, the city told those who scored below 89 but above 64 (passing scores) they likely would not be hired. Consequently, a disproportionate number of blacks were disqualified. The Business Insider reports that Chicago stopped using the cut-off scores eight years ago.
But the issue before the Supreme Court is procedural, not substantive. The court won’t decide whether the test was discriminatory, but whether the plaintiffs filed the claim in time to seek relief. Parties have a 300-day window to file complaints, but the plaintiffs in this case waited 430 days. A federal judge ruled in favor of the applicants, but the appeals court overturned the ruling and held that the applicants waited too long to challenge the test results.
The court’s decision may be announced before fall.
