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b - were Chinese immigrants but they were people with the...

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Oral Argument #4: Ricci v. DeStafano To me, this case was such a mess that it’s hard to choose a side. The arguments and counter arguments continued in an infinite recursion of Title VII claims. Under Title VII you can’t hire a less qualified black man simply because he’s black, and under Title VII a non-racial neutral test is not allowed. On the note of the test, I still am having a hard time fathoming how the multiple choice test was discriminatory. It would be easy if say, the people failing the test
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Unformatted text preview: were Chinese immigrants, but they were people with the same language and culture who were somehow at a disadvantage. I’m not saying it couldn’t happen, I just can’t fathom how. Perhaps because of this lack of understanding, I’m leaning more towards agreeing with the 5-4 decision. In order to remain neutral, the only thing that can be taken into consideration is qualification. New Haven was in a lose-lose situation when making the hiring decisions....
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