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Further Reflections on the Ricci Case

http://westernperspective.blogspot.com/

The effect of the actions taken by the City of New Haven to bring about racial diversity was to pull the rug out from under the firefighters who honestly believed that preparing for and taking the civil service exam in good faith would thereby lead to a chance of gaining a promotion to Lieutenant within the Fire Department.

As a question of law, does the City owe a duty to its citizens to act in good faith when administering civil service exams? This is over and above the question of whether it was simply stupid of City officials to administer the exam and then throw out the results because they didn't like the outcome. Subsidiarity bars the federal courts from interfering simply on the basis of the City's prudential judgments, no matter how bad those judgments were for the people.

Were the White and Hispanic firefighters who passed the bogus test discriminated against? The answer is no. They were simply made to look like fools because the City did not in fact promote anyone from within the Department based upon its own predetermined criteria.

Do these firefighters then have a cause of action?

Clearly there is a duty to act in good faith. If the City essentially held out a carrot and said "Here, take this", and then reneged on its promises to promote the top scorers, then this is a case of government lying to the people. Since the City officials did not act in good faith, they breached their duty of truthfulness and fairness and should be held accountable for the harm they have caused to the firefighters who took the exam in good faith and would have been promoted were it not for the City's duplicity.

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