A white employee of the U.S. Foreign Service Office claimed that the State Department's hiring plan aiming to increase racial diversity among the Foreign Service Office's officer corps was racial discrimination in violation of Title VII. A federal appeals court rejected the claim, finding that the defendant employer engaged in a valid affirmative action plan. The employer provided evidence that the plan was targeted at remedying manifest racial imbalances in senior-level positions in the Foreign Service that were the result of past racial discrimination. The plaintiff failed to show that the justification was pretextual or that the plan was invalid. The plan ceased to exist over 20 years ago and was only in effect for two years, but the plaintiff claimed that, because of it, he entered the Foreign Service at a lower level than he would have had he been minority applicant. Shea v. Kerry, #13-5153, 2015 U.S. App. Lexis 13806 (D.C. Cir.).
     A trial court rejected a motion asking for a six-year extension of a consent decree in effect for thirty years requiring that one out of every three new firefighters hired by a city be non-Caucasian. The court instead immediately terminated the consent decree, ruling that it had lasted long enough. The federal appeals court ruled that this swift termination was erroneous, and that the court should have instead held a hearing to determine whether the city's current hiring practices were sufficient to remedy past discrimination against minority firefighter applicants.
     "Although the court couched its decision in terms of whether the decree’s provisions remained 'necessary,' the question more precisely stated is whether, 31 years out, the decree's racial classifications continue to remedy past discrimination by the City's Fire Department. The district court did not make specific findings as to that question. It needs to make those findings before deciding whether to extend or terminate the decree." Cleveland Firefighters for Fair Hiring Practices v. City of Cleveland, #00-00301, 2012 U.S. App. Lexis 1475 (6th Cir.).
     Second Circuit upholds an affirmative action plan that distinguishes between Hispanics of Latin American origin and those of Spanish or Portuguese origin. Jana-Rock Construction v. New York Dept. of Econ. Dev., #04-6328, 2006 U.S. App. Lexis 4050 (2nd Cir. 2006). {N/R}
     Bridgeport Police ordered to continue assignment rotations, ordered 22 years ago, to improve racial balance. Bridgeport Guardians v. Delmonte, #5:78cv175, 367 F.Supp. 2nd 260, 95 FEP Cases (BNA) 1486, 2005 U.S. Dist. Lexis 7563 (D. Conn. 2005). [2005 FP Aug]
     Seventh Circuit finds that the Chicago Fire Dept's use of two promotional lists (one of whites, and one for minorities) and the promotion of candidates from each list based on the percentage of each racial category who actually took the promotional test, was unlawful. Minorities with lower test scores were promoted over white applicants who had higher test scores. However, a jury verdict for back pay differential and damages for white plaintiffs was vacated because it was based on implausible estimates that all of the white lieutenants were certain to become captain. Biondo v. City of Chicago, #02-2707, 382 F.3d 680, 2004 U.S. App. Lexis 18245, 94 FEP Cases (BNA) 513 (7th Cir. 2004). {N/R}
     Upholding modest affirmative plan for promotion to police sergeant, the Seventh Circuit holds that "a visible presence of minorities in supervisory positions is critical to effective policing in a racially diverse city like Chicago because supervisors "set the tone for the department." Petit v. City of Chicago, #02-4151, 02-4241, 2003 U.S. App. Lexis 25221 (7th Cir. 2003). {N/R}
     In a school admission case, the Supreme Court (5-to-4) allows race as one of several factors for candidate selection; Grutter v. Bollinger, #02-241, 156 L.Ed.2d 304, 2003 U.S. Lexis 4800 (2003). The justices also held (6-to-3) that arbitrarily assigning 20 of 100 possible points to every single "underrepresented minority" applicant violated the equal protection clause; Gratz v. Bollinger, #02-516, 156 L.Ed.2d 257, 2003 U.S. Lexis 4801 (2003). {N/R}]
     Federal appeals court holds that Boston, acting under a 29-year-old federal court decree, overcorrected its disparate hiring of white firefighters and was now biased against them. Quinn v. City of Boston, #02-1727, 2003 U.S. App. Lexis 5860 (1st Cir. 2003). However, the city's race-conscious plan to promote African-American police officers, which had the same ranking as whites on the promotional eligibility list, was constitutional because of a proven need to remedy past discrimination. Cotter v. City of Boston, #02-1404, 2003 U.S. App. Lexis 5695 (1st Cir. 2003). {N/R}
     White police officer applicant, who was denied an opportunity to compete on equal footing in police department's hiring process because of his race, has standing to seek equitable relief against the city's race-conscious consent decree issued in Castro v. Beecher, 365 F.Supp. 655 (D. Mass. 1973), since he would have been hired if he was a minority applicant. Donahue v. City of Boston, 02-1027, 304 F.3d 110, 89 FEP Cases (BNA) 1495, 2002 U.S. App. Lexis 18265 (1st Cir. 2002). {N/R}
     The U.S. Supreme Court has declined to disturb an appeals court finding that the Chicago fire dept's affirmative action plan can continue because it was narrowly tailored to respond to discrimination against minorities. The city argued that the Constitution does not require affirmative action to cease as soon as discrimination ends. Chicago Fire Fighters Union L-2 v. City of Chicago, #00-1272, 249 F.3d 649, 2001 U.S. App. Lexis 8081, 85 FEP Cases (BNA) 1305 (7th Cir. 2001) cert. den., #01-365, 70 U.S.L.W. 3315 (10/29/01). {N/R}
     City's compelling interest in remedying prior discrimination against black and Hispanic police officers in promotions to detective warranted the adoption of an affirmative action plan that was narrowly tailored to rectify prior job bias. Majeske v. Chicago, 218 F.3d 816 (7th Cir.); cert. den., #00-857, 69 L.W. 3399 (2001). {N/R}
     New Jersey State Police agree to lower its hiring standards to settle a lawsuit filed by the NAACP. Four-year college requirement will be delayed until after a 22% black, 11% Hispanic quota is reached. NAACP v. New Jersey, Mercer Co. Super. Ct. #L-002687-96, 38 (1855) G.E.R.R. (BNA) 398. [2000 FP 74]
     Caucasian firefighters fail in argument that city's decision to create new captaincies was an unlawful plan to promote minority firefighters. Allison v. City of Fort Worth, 60 F.Supp.2d 589 (N.D.Tex. 1999). {N/R}
     City violated equal protection rights of white firefighter applicants who were not hired when race was a hiring factor, where there was no evidence of past discrimination. Lalla v. City of New Orleans, 1999 U.S. Dist. Lexis 3281, 83 FEP Cases (BNA) 1269 (E.D.La.). {N/R}
     White police officers in Memphis win suit challenging racial quotas. Ashton v. Memphis, 1999 U.S. Dist. Lexis 7311 (W.D. Tenn.). [1999 FP 107]
     Mass. Civil Serv. authority orders the Boston Police to promote sergeants and lieutenants on merit, not race. Reliance on a former consent decree was improper. Abban v. Boston Police, Mass. Civ. Serv. Cmsn. #G-3667, 36 (1793) G.E.R.R. (BNA) 1411 (1998). [1999 FP 27-8]
     Federal court ends 1987 New Orleans Police consent decree. Mendoza v. New Orleans, #98-2868, 37 (1826) G.E.R.R. (BNA) 1038 (E.D.La. 1999). {N/R}
     Justice Dept. and black agents agree to a $5 million settlement. Potter v. Reno, #340-93-3770X, 36 G.E.R.R. (BNA) No.1749 (C.D.Cal. 1998). [1998 FP 75-6]
     Federal appeals court rejects Dallas Fire Dept. affirmative action plan that passed over white and Native American male firefighters; no proof of race or gender bias since 1976 consent decree. Dallas Fire Fighters Assn. v. City of Dallas, #96-11138, 150 F.3d 438, 1998 U.S. App. Lexis 17850, 77 FEP Cases (BNA) 1025 (5th Cir.). [1998 FP 170-1]
     Chicago fire dept. affirmative action plan was narrowly tailored and limited. The plan was not unconstitutional. McNamara v. Chicago, 959 F.Supp. 870 (N.D.Ill. 1997). {N/R}
     Fed. appeals court strikes down Mich. police dept. 50/50 affirm. action plan for sergeants. Some white officers in 90th percentile were passed over for blacks in bottom half of candidates. Middleton v. City of Flint, 71 FEP Cases 962, 92 F.3d 396 (6th Cir. 1996). {N/R}
     Federal court finds that the promotion of a corrections officer to lieutenant because he is black was improper. No white officer who was improperly passed over is entitled to a court-ordered promotion, however. Wittmer v. Peters, 904 F.Supp. 845 (C.D.Ill. 1995). [1996 FP 44]
     Skip promotion policy under the city's affirmative action plan violated equal protection, Title VII and Sec. 1983. Dallas Fire Fighters v. Dallas, 885 F.Supp. 915 (N.D.Tex. 1995). {N/R}
     Appeals court refuses to allow individual officers to challenge a consent decree, because their union participated in the predecree litigation. Rafferty v. City of Youngstown, 54 F.3d 278 (6th Cir. 1995). [1996 FP 26]
     California Governor Wilson ends "preferential treatment" because of race or gender in all state agencies. Cal. Executive Order W-124-95 (7/1/95), which also repeals Exec. Orders R-34-71, B-85-81 and D-20-83. {N/R}
     Supreme Court rules (5-to-4) that the federal government's affirmative action programs are subject to the same strict scrutiny that applies to racial classifications by state and local governments. Adarand Const. v. Pena, 115 S.Ct. 2097 (1995). {N/R}
     Supreme Court declines to disturb an appellate ruling which rejected a 50/50 fire lieutenant promotion quota, where blacks constituted less than ten percent of all firefighters. Birmingham Discrim. Litig., 20 F.3d 1527 (11th Cir. 1994); cert. den. sub nom Arrington v. Wilks and Martin v. Wilks, 115 S.Ct. 1695 (1995). [1995 FP 106]
     State trial court enjoins dual promotion lists; Chicago Police required to follow civil service test score rankings. McArdle v. Rodriguez, Cook Co. Cir.Ct. #95 CH 2498; App. #1-95-1075; 33 (1609) G.E.R.R. (BNA) 155 (1994). [1995 FP 92] Note: affirmed, 659 N.E.2d 1356, 1995 Ill.App. Lexis 955.
     White male Maryland state troopers, who successfully challenged an affirmative action promotional plan, will share a $243,000 settlement approved in federal court. Md. Trprs. Assn. v. Evans, 993 F.2d 1072 (4th Cir. 1993); Liebno v. Md. St. Pol., #JFM-90-925 (D.Md.) and Barker v. Md. St. Pol., #JFM-92-740 (D.Md.); stlmt. apprvd. 33 (1612) G.E.R.R. (BNA) 592, 1995 FEP Summary 65 (4/5/95). [1995 FP 92-3]
     Federal court terminates a 1974 consent decree remedying discriminatory employment practices at the Charlotte-Mecklenburg police dept., because the dept. has "an unquestioned record of complete compliance." North State Law Enf. Off. Assn. v. Charlotte-Mecklenburg, 862 F.Supp. 1445 (W.D.N.C. 1994); see also 10 F.3d 207 {N/R}
     Federal appeals court rejects a 50/50 fire lieutenant promotion quota, where blacks constituted less than ten percent of all firefighters. Birmingham Reverse Discrimination (In re), 20 F.3d 1525 (11th Cir. 1994). [1994 FP 153]
     Dallas fire dept. plan to promote blacks with low exam scores was an improper remedial measure which fails the "strict scrutiny" test" necessary for its legality. Black Fire Fighters Assn. v. City of Dallas, #92-1947 (5th Cir. 1994). {N/R}
     Whether federal court should have vacated a 15-year old consent decree requires judge to consider general goals, the length of time the decree was in effect and the continuing efficacy of its enforcement. Youngblood v. Dalzell, 6 FEP Cases (BNA) 11 (6th Cir. 1994). {N/R}
     Federal court declines award attorneys" fees to white officers. Appellate court ordered termination of a 50/50 promotional plan. D.P.O.A. v. Young, 64 FEP Cases (BNA) 1141 (E.D. Mich. 1994). {N/R}
     Federal appeals court upholds monetary sanctions imposed on plaintiffs who attempted a collateral attack on an earlier consent decree. Paganucci v. City of N.Y., 785 F.Supp. 467 (S.D.N.Y. 1992); aff'd 993 F.2d 310 (2nd Cir. 1993). [1994 FP 9-10]
     Federal appeals panel upholds a consent decree that granted a "narrowly tailored" employment preference to black and Hispanic firefighter candidates. Macklin v. City of Boston, 969 F.2d 1273 (1st Cir. 1992) {N/R}
     Federal appeals court upholds candidate banding on SFPD promotional exams; it was permissible to consider race as a nonexclusive factor for priority selection within bands. Officers for Justice v. Civil Serv. Cmsn., 61 LW 2305 (9th Cir. 11/5/92). [1993 FP 11-12]
     Federal appeals court overturns a Maryland State Police consent decree as an unlawful quota system, and not justified by employment statistics or evidence of overt discrimination. Maryland Troopers Assn. v. Evans, 61 FEP Cases (BNA) 1177 (4th Cir. 1993). [1993 FP 107]
     Federal appeals court vacates 19-year old 50/50 affirmative promotion plan for Detroit police sergeants. Detroit P.O.A. v. Young, 61 FEP Cases (BNA) 577 (6th Cir. 1993). [1993 FP 124]
     Federal appeals court upholds attack on DC Fire Department's affirmative action plan; past discrimination problems are solved. Hammon v. Barry, 826 F.2d 73 (D.C. Cir. 1987).
     Justice Dept. settled police discrimination suit in Las Vegas for $395,000 in back pay and other affirmative relief. U.S. v. Las Vegas Metropolitan Police Department of Clark County, Nev., U.S. Dist. Ct. (D. Nev. 1987). DoJ Ref. #87-377.
     Florida Fire Dept. to employ more blacks ; must pay rejected applicant $20,000 and give him priority on hiring list. U.S. v. City of Bradenton, 25 G.E.R.R. (BNA) 1008 (M.D. Fla. 1987).
     Supreme Court approves 50/50 promotion scheme in Alabama state patrol. U.S. v. Paradise, 107 S.Ct. 1053 (1987).
     White officers, who unsuccessfully sought to overturn promotion decree, must pay attorneys fees to black officers. Reeves v. Harrell v. Wilkes, 791 F.2d 1481 (11th Cir. 1986).
     Federal appeals court upholds double-filling of promotional ranks; system is fairer and faster than quotas and goals. Youngblood v. Dalzell, 804 F.2d 360 (6th Cir. 1986).
     Maryland city ordered to begin recruitment program to attract black and female firefighter applicants. U.S. v. City of Cambridge, U.S. Dist. Ct., Baltimore (N.D. Md. 11/6/86).
     U.S. Supreme Court upholds affirmative action plan in Cleveland Fire Dept., and affirmed fines against a N.Y. union for failing to meet a court-ordered racial quota. Local 93, I.A.F.F. v. Cleveland, 106 S.Ct. 3063 (1986). Local 28 v. EEOC, 106 S.Ct. 3019 (1986).
     White male police applicant wins reverse discrimination suit; city's affirmative action plan was deficient. Lilly v. City of Beckley, 615 F.Supp. 137 (S.D.W.Va., 1985).
     Justice Dept. joins suit to challenge 1984 judgment giving black sergeants a 17.7 percent quota in promotions. Afro-Amer. Police League v. F.O.P., 553 F.Supp. 664 (N.D. Ill. 1982).
     Federal court rejects D.C. fire dept. affirmative action plan, after firefighters' union and justice dept. object. Hammon v. Barry, 606 F.Supp. 1082 (D.D.C. 1985), rev. 813 F.2d 412 (D.C. Cir. 1987) reh. gtd. 833 F.2d 367.
     Federal appeals court upholds Omaha's affirmative action plan; suit by white firefighter applicant reject. Warsocki v. City of Omaha, 726 F.2d 1358 (8th Cir. 1984).
     Supreme Court leaves undisturbed the 50-50 affirmative action plan in Detroit police dept. Bratton v. City of Detroit, 712 F.2d 222 (6th Cir. 1983), cert. den. 104 S.Ct. 703 (1/9/84).
     Virginia state police sign consent decree to employ blacks in 3 to 10 ratio; women in 1 to 4 ratio. U.S. v. Virginia State Police, U.S. Dist. Ct. (D. Va. 1982).
     Civil service board could adopt an affirmative action plan without specific legal authority to do so. Portland Police Assn. v. Civil Serv. Bd., 639 P.2d 619 (Ore. 1982).
     Federal drug enforcement agency found to discriminate against blacks at entry level, salary, work assignments, evaluations, discipline and promotions; affirmative relief ordered. Segar v. Civiletti, 508 F.Supp. 690 (D.D.C. 1981).
     Rhode Island fire department ordered to adopt an affirmative action plan; ranking of applicants on entry tests produced disparate impact on minorities. Pina v. City of East Providence, 492 F.Supp. 1240 (D.R.I. 1980).
     California Supreme Court upholds county affirmative action plan in light of admitted past employment discrimination. Price v. Civil Serv. Cmsn., 604 P.2d 1365, 26 Cal.3d 257 (1980).
     North Carolina highway patrol settles race discrimination suit with 50/50 hiring goal and promotional preferences. U.S. v. N.C. Highway Patrol, U.S. Dist. Ct. (D.N.C. 1980).
     Justice department's stepped up (1979-80) efforts to increase employment of black, Hispanic and female police and fire personnel succeeding. Assn. Against Discrimination v. City of Bridgeport, 479 F.Supp. 101 (D.Conn. 1979); U.S. v. City of Chicago, U.S. Dist. Ct. (N.D.Ill. 1980); U.S. v. City of Cincinnati, U.S. Dist. Ct. (July, 1980); Black Police Officers' Assn. v. City of Louisville, U.S Dist. Ct. (May, 1980); U.S. v. City of Syracuse, U.S. Dist. Ct. (May, 1980); U.S. v. Metropolitan Government of Nashville and Davidson County, U.S. Dist. Ct. (1980); Cohen v. West Haven Board of Police Cmsnrs., 485 F.Supp. 958 (D.Conn. 1980).
     Washington supreme court upholds Seattle affirmative action hiring and promotional scheme. Maehren v. City of Seattle, 599 P.2d 1255 (Wash. 1979).
     Cincinnati, Ohio signs consent decree affecting hiring and promotion of blacks and women in police positions. U.S. v. City of Cincinnati, U.S. Dist. Ct. (S.D. Ohio 1979).
     Supreme Court invalidates "quota" system in Bakke case. Regents of Univ. of Calif. v. Bakke, 438 U.S. 265, 98 S.Ct. 2733 (1978).
     Federal appeals court vacates quota system imposed by lower court; other remedies offer more satisfactory solution. Assn. Against Discrimination in Employment, Inc. v. City of Bridgeport, 454 F.Supp. 751 (D. Conn. 1978).
     Pennsylvania appellate court enjoins Pittsburgh's affirmative action program as unlawful "reverse discrimination." Chmill v. City of Seattle, 375 A.2d 841 (Pa. Cmwlth. 1977).
     Court ordered racial quota system for Massachusetts fire departments allowed to stand by U.S. Supreme Court. Boston Ch. NAACP v. Beecher, 504 F.2d 1017 (1st Cir. 1974); cert. den. 43 U.S.L.W. 3429, 3551, #74-746 (1975).
     Milwaukee ordered to hire blacks on a one-to-one basis with whites -- to overcome past discrimination practices. Crockett v. Green, 388 F.Supp. 912 (E.D. Wis. 1975).
     Federal court imposes one-to-one hiring order in Philadelphia; white firefighters denied last minute motion to intervene. Comm. of Pennsylvania v. Rizzo, 66 F.R.D. 598 (E.D. Pa. 1975).
     Federal court invalidates requirements, testing and interview procedures of Columbus fire department; injunction issued. Dozier v. Chupka, 395 F.Supp. 836 (S.D. Ohio 1975).
     State court orders two-to-one hiring quota in Oakland. Oakland Black Firefighters Assn. v. City of Oakland, Super. Ct. of Alameda Co., California.
     Employment discrimination found in Pittsburgh fire department; court refuses to impose quota system. Distinguishes police departments and fire departments in denying specific relief. Comm. of Pennsylvania v. Glickman, 370 F.Supp. 726 (W.D. Pa. 1974).