Attorney Dan Schwartz commented on the recent ruling by a New York district court judge that an entry-level hiring exam used by New York City was discriminatory against blacks and Hispanics in “Judge Takes Different Path in FDNY Case,” in the July 24, 2009, issue of The New Haven Register. According to Dan, the FDNY case is receiving greater attention in light of the Supreme Court decision in Ricci v. DeStefano, but the two cases have different sets of facts and claims.
According to Dan, it can not be assumed that the Ricci decision set a clear road map for municipalities to follow. “The law is an evolution,” he said, “and we’ll continue to see these cases and how the courts apply Ricci from time to time.”