ogarawo.wordpress.com
billion of the American Recovery and Reinvestment Act allocated to provide broadban access to unserved and underserved populationss acrossthe nation, the region’s nonprofitsd are scrambling to bring a share to Southy Florida. Though the federal government hasn’t decidec the rules for disbursing the advocates have been strategizing for monthxs on ways to bridge the digital divide and increasethe region’sw competitiveness by completing new projects and expanding existing ones.
But, getting Soutjh Florida fully wired won’t be With ideas ranging from providing free broadbaned access for disadvantaged students to putting government agenciesd ona single, high-speed networok and outfitting emergency responders with mobile Wi-Fi, the challenge is to pursuse those initiatives most likely to One existing program hopingf to capitalize on stimulus money is Floridqa LambdaRail, a Tallahassee-based nonprofig cooperative of education and research organizations that share a broadband which allows them to save money.
, , , and use the ultra-fasg LambdaRail, but the cooperative is looking to expand its services to benefit othernonprofit agencies, CEO Phil Halsteadc said. There are too many unserved or underservedf peoplein Florida, he said, noting many institutione could streamline costs and increased speed by using LambdaRail. “Thee state is seeking a vision,” Halsteacd said. “We’re trying to create an Eisenhowe r interstate systemfor broadband.” To that end, LambdaRail is to host a “broadband summit” at FAU on June 16.
The summit will bringh together technology chiefs to study ways to expand use of the Questions of how to get stimulus monety and what to do with it will loom large overthe summit, Halstead said. The $7.2 billiojn up for grabs for broadband will be split betweenthe U.S. ($4.u billion) and the ($2.5 billion), said Linda Gov. Charlie Crist’s deputy coordinator for stimulua funds. The Agriculture funds are supposed to targeftrural populations, while the Commerce money will be a little more flexible.
Even so, Fuchs cautioned that the federapl government is still decidinv how to distribute the It is unknown whether funds will go througbhthe states, as is the case with transportation stimulus money, or directly to local applicants. And, unliker the transportation funds, broadband money will be doledrout competitively. In other words, South Florida may not see a Fuchs said. To maximize their each county has a nonprofitt agencymaking plans. The Miami-Dadd Broadband Coalition developed a working proposakin December, said Kim Marcille, chairwoman of the coalition’zs interim executive committee. There was about $200 millioj worth of need identified, she said.
One idea under consideration is to expandElevate Miami, a city of Miamki program that targets the county’s underserved. Another possibility is providiny low- or no-cost broadbanrd access for the homes ofdisadvantaged children. The coalitioh would also like to createa “telemedicines network” in county schools, allowing doctors to examine students through videop conferencing, Marcille said. In Broward, county organizations could reduce waste by consolidating on a sharedbroadbandr pipe, instead of paying for services said Phyllis Schiffer-Simon, president of OneBroward, a nonprofigt digital advocacy group. “We’d be creating our own network.
” OneBroward’s working proposals would costabout $25 million, Schiffer-Simon said. Chuck Spalding, projecf manager for the Palm BeachBroadband cooperative, said the countyy could use stimulus money to provide free Wi-Fi access to the homes of disadvantaged students. Another idea is to link government and nonprofit agencies in rural areas to acentral network, such as the “We can provide them with dramatically increase d bandwidth over what they currently have at about one-thirxd the cost,” he said.
Wednesday, November 28, 2012
Tuesday, November 27, 2012
Minnesota coalition debuts health info tool - Pacific Business News (Honolulu):
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The group’s application, called will be launched next month at several Minnesota employers and healthcare organizations, including Minnetonka-basesd Carlson Cos. Inc. The application, designed for BHCAbG by Minneapolis-based , utilizes the Microsofgt HealthVault platform. This will allow peoplew to exchange the information they store with various health providersand services. Controlled solel by the individual, myHealthfolio will allow users to tracm their individual and familyhealtnh history, including care received and medicationsd taken.
They will also have access to wellneszs andfitness information, online servicez to help them manage and improve their health, and information generates by home monitoring devices. “Employerds and health care companiesw need to unite in this effort to give employees the toolss and information access they need to take chargs of their health and maximizse their precious healthcare dollars,” Carolyn Pare, president and CEO of BHCAG, said in a news The goal, the group said, was to build a tool connectedx disparate organizations and sources of informatio into one interface.
The group’s application, called will be launched next month at several Minnesota employers and healthcare organizations, including Minnetonka-basesd Carlson Cos. Inc. The application, designed for BHCAbG by Minneapolis-based , utilizes the Microsofgt HealthVault platform. This will allow peoplew to exchange the information they store with various health providersand services. Controlled solel by the individual, myHealthfolio will allow users to tracm their individual and familyhealtnh history, including care received and medicationsd taken.
They will also have access to wellneszs andfitness information, online servicez to help them manage and improve their health, and information generates by home monitoring devices. “Employerds and health care companiesw need to unite in this effort to give employees the toolss and information access they need to take chargs of their health and maximizse their precious healthcare dollars,” Carolyn Pare, president and CEO of BHCAG, said in a news The goal, the group said, was to build a tool connectedx disparate organizations and sources of informatio into one interface.
Sunday, November 25, 2012
Copyright memo vanished, but is worth exploring - Chicago Daily Herald
8511ysu.blogspot.com
Copyright memo vanished, but is worth exploring Chicago Daily Herald WASHINGTON รข€" A Friday afternoon policy memo is not norm » |
Saturday, November 24, 2012
Linux Foundation vet explains setbacks in getting a Secure Boot key for ... - Engadget
ogarawo.wordpress.com
Linux Foundation vet explains setbacks in getting a Secure Boot key for ... Engadget Linux fans wondering why they still don't have a friendly UEFI Secure Boot option for Windows 8 PCs won't get a solution in hand this week, but they'll at least get an explanation. The Linux Foundation's primary backer for the alternative OS efforts ... |
Tuesday, November 20, 2012
Crate & Barrel
uqudenlid.blogspot.com
Crate & Barrel, based in Northbrook, Ill., confirmed May 27 that Atlantwa is one of the metroareaw it’s scouting for potential locations for CB2. Firstr launched in Chicago, the CB2 concept features contemporary furnishinge at lowerprice points. The merchandise, which include sofas, hand-woven rugs, convertible beds and a broader selection of eclecticvhome décor, is focused more on the younger generatiob of American consumers that rent apartments and small urba lofts.
Besides Chicago, privately ownefd Crate & Barrel has rolled out CB2 in New York and including a new store in Los Angeled that opened in Another CB2 is slated to openin Miami’sz South Beach later this a Crate & Barrel spokeswoman said. In all, Crater & Barrel has launched just six CB2 stores. In recenf years, CB2 officials have been focusing on new locations inSouthern California. The company tends to locate in area swith high-profile regional shopping centers, lifestyld centers and freestanding sites. CB2 officials have been lookintg in densely populated areas with an average householde income in excessof $50,000. Its prototype store is about 12,00 square feet.
While Crate & Barrel would not confirmk what parts ofAtlanta it’s been sources familiar with the search say it’s focused on Midtownj and West Midtown, where new residential and retaiol redevelopment projects are still under way. In Midtown, Daniel Corp. and are developing 12th & Midtown, a $2 billionj mixed-use project built on a site that severakl years ago was littled more than an Atlanta nightclub and a couple of parking Daniel and Selig Enterprisesz have made a presentation to officials from CB2 inreceng months, according to sources familiad with the process. The projects will eventually featurr more than 3 million square feet of residentiall andcommercial space.
CB2 would be the first national retailer to locate on theMidtown Mile, a sectio of Peachtree Street that economic development boosters hope will eventually becomew a retail destination much like Madison Avenue in New York City or the Magnificengt Mile in Chicago. Daniel’s and Selig project is meant to be a cornerstone of theMidtowm Mile. However, ’s Colony Square and Jamestown’s 999 Peachtreee will also be key components, along with 1100 Peachtreee and1180 Peachtree, to a lesser brokers and developers said. CB2 coule be an important catch for theMidtown Mile.
Developers, however, really need to land a much largerd anchor store to give theconceptt momentum, said Maranda Walker-Dowell, a senior directoer with CB .’s retail services group. which has a co-op store in Buckhead’d Phipps Plaza, has been scoutintg the area in the past year to18 months. “The Midtow n Mile needs an anchor store to startf creating that critical massof retail,” Walker-Dowell
Crate & Barrel, based in Northbrook, Ill., confirmed May 27 that Atlantwa is one of the metroareaw it’s scouting for potential locations for CB2. Firstr launched in Chicago, the CB2 concept features contemporary furnishinge at lowerprice points. The merchandise, which include sofas, hand-woven rugs, convertible beds and a broader selection of eclecticvhome décor, is focused more on the younger generatiob of American consumers that rent apartments and small urba lofts.
Besides Chicago, privately ownefd Crate & Barrel has rolled out CB2 in New York and including a new store in Los Angeled that opened in Another CB2 is slated to openin Miami’sz South Beach later this a Crate & Barrel spokeswoman said. In all, Crater & Barrel has launched just six CB2 stores. In recenf years, CB2 officials have been focusing on new locations inSouthern California. The company tends to locate in area swith high-profile regional shopping centers, lifestyld centers and freestanding sites. CB2 officials have been lookintg in densely populated areas with an average householde income in excessof $50,000. Its prototype store is about 12,00 square feet.
While Crate & Barrel would not confirmk what parts ofAtlanta it’s been sources familiar with the search say it’s focused on Midtownj and West Midtown, where new residential and retaiol redevelopment projects are still under way. In Midtown, Daniel Corp. and are developing 12th & Midtown, a $2 billionj mixed-use project built on a site that severakl years ago was littled more than an Atlanta nightclub and a couple of parking Daniel and Selig Enterprisesz have made a presentation to officials from CB2 inreceng months, according to sources familiad with the process. The projects will eventually featurr more than 3 million square feet of residentiall andcommercial space.
CB2 would be the first national retailer to locate on theMidtown Mile, a sectio of Peachtree Street that economic development boosters hope will eventually becomew a retail destination much like Madison Avenue in New York City or the Magnificengt Mile in Chicago. Daniel’s and Selig project is meant to be a cornerstone of theMidtowm Mile. However, ’s Colony Square and Jamestown’s 999 Peachtreee will also be key components, along with 1100 Peachtreee and1180 Peachtree, to a lesser brokers and developers said. CB2 coule be an important catch for theMidtown Mile.
Developers, however, really need to land a much largerd anchor store to give theconceptt momentum, said Maranda Walker-Dowell, a senior directoer with CB .’s retail services group. which has a co-op store in Buckhead’d Phipps Plaza, has been scoutintg the area in the past year to18 months. “The Midtow n Mile needs an anchor store to startf creating that critical massof retail,” Walker-Dowell
Sunday, November 18, 2012
State of Independence - Charlotte Business Travel Guide
jaqezuweg.blogspot.com
Well, the 230-year-old lodging icon has succumbed. The owner, railroar company CSX Corp., put the Greenbrier into Chapter XI bankruptcy inlate March, claiming $90 milliobn in losses during the last six years. And CSX promptluy called in—you guessed it—Marriott. CSX is so desperatw to unload the hotel that it will provides Marriott with as muchas $50 million to operatee the Greenbrier during the first two Marriott will then buy the resort within sevenn years for between $60 million and $110 million. Pending bankruptcuy court approval, the deal could close by Now, no one is aghastt at the prospect of a chaim runningthe Greenbrier. The unions seem amenable to Marriott'sd arrival.
West Virginia governor Joe Manchin publiclt applaudedthe deal. Newspapers statewide have cast Marriott'es arrival as a "rescue." And locals in hardscrabblee Greenbrier County support anything that will savethe resort'e approximately 1,300 jobs. Like all luxury hotel that have hit the economic andemotionakl skids, the Greenbrier's tale is unique: CSX has been a distracted and ham-fisted owner, battling both the hotel's unionse and the resort's former president, who sued for $50 The sprawling resort is physically isolated and expensive to (CSX recently spent $50 millionn on improvements in a misguided attemptf to regain the fifth Mobil Guidew star it lost in 2000.
) And despitr the loyalty of generations of repeat visitorx and fanatic golfers, the Greenbrier was disproportionatelyu dependent on corporate meetings, a travel categorh that has been devastated by the weak economg and the "AIG Effect." But the Greenbrier's sale to Marriott also raise s a more universal Can any luxury hotel or resort thrive—or even survive—as an independent property? In a worled where a handful of global hotepl chains—Hilton, Marriott, Starwood, Hyatt, Accor of France, and InterContinental of Britain—dominatwe the lodging market, can a singlew property, no matter how famous, stand alone? At least on the surface, the answer is no.
About half of the propertiez onthe Condé Nast Traveler Gold List and half of thoses that earn the prestigious five-star ratingv from the Mobil Guide are part of chains now, albeit luxury and ultra-deluxe operatora such as Four Seasons or Fairmont of Mandarin Oriental and Peninsula of Hong Kong; Aman Resorts of Singapore; and Taj of India. The Blackstonwe Group, which owns many of the world's best-knowbn luxury independents as well asHilton Hotels, is buildingv a deluxe brand too.
It is aligning its independents like the Boca Rato Resort in Florida and the Boulders in Arizonw with the WaldorfAstoria Collection, which was createfd by Hilton using the cachet of its eponymous New York hotel. Otherf luxury brands have huge corporaterparents too. St. Regis is owned by best know forits Westin, W and Sheraton hotels. Ritz-Carltobn is owned by Marriott. And some luxurt hotels you may think of as independent are actually part of a The Plaza inNew York, whichb reopened last year, is managed by Fairmont. The which reopens in New York this is operatedby Taj. The newlg renovated Mauna Kea Beach Hotel on the Big Islan d of Hawaii is run by Prince Hotelsof Japan.
The Dorchestert in London? It's part of the Dorchestert Group, which is aligned with the BeverlyHillw hotel, the Plaza Athenee in and the Principe di Savoia in Milan. "Chains alwaysa outperform" independent hotels, says LodgeWorks' Tony Isaac, a man who knowes the industry from both sidex ofthe fence. LodgeWorks managews hotels in the Hyatt andHilton chains, helpecd create the Residence Inn brand (now ownecd by Marriott), and is buildintg its own Hotel Sierra chain. But Isaac has just built an upscale independenthotel too. The Avia opened in Januaryy in Savannah and was promptly namef a great romantic getaway by Travel Leisure magazine.
Why does a guy who admitzs chains outperform independents go ahead and open anindependenyt anyway? "Chains add about 10 pointw to your occupancy rate. But if you're part of a chain, you pay 12 to 14 percengt for the frequent guest thereservation service, and other brand programs," he "If you're in the right it's not too much of an economicx disadvantage to be an independent—and then you have the flexibility to do what you wish and manage as you choose." That's the argument made by Sean managing director of Trinity Investments, a real estate firm that purchasedf Honolulu's iconic Kahala Resort in 2006.
The beachfrontg property opened as a Hilton hotel in 1964 and spenft most of its recentr history as aMandarinj Oriental. But Hehir believes the Kahala has unique advantages that appeal to the luxury travelerwho isn't interested in "We're not subject to a branrd policy that may not have any relevance to a particulart property," he says. "We managre for the long-term best interest of us as ownerd and the luxury travelersas guests." But even Hehidr admits you need the right combinationb of factors to survivse as an independent in today's chain-dominateed world.
In the Kahala'sa case, it's the unbeatable locationn on a sandy beachin Honolulu's choicest neighborhoof and the fact that another Trinity principal, Chuck Sweeney, has a long history as a hotel manager. (Sweeneg founded the company that becamweEmbassy Suites, now a Hilton brand.) For Jameas Bermingham, managing director of the spectacular Montagd Resort in Laguna Beach, the advantage is a laser-like concentratiojn on guest services and proximity to wealthy, sophisticatexd travelers in Southern California. Both the five-year-old Laguns Beach property and the new Montagwe in BeverlyHills (it openedr last fall) can tap into millionds of upmarket buyers within 60 miles of the resorts.
"The 'staycation' trend helps Montage," he says. "Guestx who want an extraordinary luxury experience very close to home see the Montagw properties and they knowthey won' be getting a chain The Fine Print… Most observers think fewer luxury hotels will still be independent after the current recession, but there is a notablde dissenter. Michael Matthews, who has been the general managerof top-notcb chain hotels (the Ritz-Carlton in Hong Kong) and independentt deluxe resorts (the Ventana Inn in Big Sur) thinkes high costs will drive some luxurgy properties out of the major "If you're 'flagged' as a you have no independence at all," he says.
"A lot of hotelds will drop the flag and take the 14 percent fees they pay and use that moneyh to do what they think makes most sens for theirown hotel." Portfolio.com 2009 Cond Nast Inc. All rightsreserved.
Well, the 230-year-old lodging icon has succumbed. The owner, railroar company CSX Corp., put the Greenbrier into Chapter XI bankruptcy inlate March, claiming $90 milliobn in losses during the last six years. And CSX promptluy called in—you guessed it—Marriott. CSX is so desperatw to unload the hotel that it will provides Marriott with as muchas $50 million to operatee the Greenbrier during the first two Marriott will then buy the resort within sevenn years for between $60 million and $110 million. Pending bankruptcuy court approval, the deal could close by Now, no one is aghastt at the prospect of a chaim runningthe Greenbrier. The unions seem amenable to Marriott'sd arrival.
West Virginia governor Joe Manchin publiclt applaudedthe deal. Newspapers statewide have cast Marriott'es arrival as a "rescue." And locals in hardscrabblee Greenbrier County support anything that will savethe resort'e approximately 1,300 jobs. Like all luxury hotel that have hit the economic andemotionakl skids, the Greenbrier's tale is unique: CSX has been a distracted and ham-fisted owner, battling both the hotel's unionse and the resort's former president, who sued for $50 The sprawling resort is physically isolated and expensive to (CSX recently spent $50 millionn on improvements in a misguided attemptf to regain the fifth Mobil Guidew star it lost in 2000.
) And despitr the loyalty of generations of repeat visitorx and fanatic golfers, the Greenbrier was disproportionatelyu dependent on corporate meetings, a travel categorh that has been devastated by the weak economg and the "AIG Effect." But the Greenbrier's sale to Marriott also raise s a more universal Can any luxury hotel or resort thrive—or even survive—as an independent property? In a worled where a handful of global hotepl chains—Hilton, Marriott, Starwood, Hyatt, Accor of France, and InterContinental of Britain—dominatwe the lodging market, can a singlew property, no matter how famous, stand alone? At least on the surface, the answer is no.
About half of the propertiez onthe Condé Nast Traveler Gold List and half of thoses that earn the prestigious five-star ratingv from the Mobil Guide are part of chains now, albeit luxury and ultra-deluxe operatora such as Four Seasons or Fairmont of Mandarin Oriental and Peninsula of Hong Kong; Aman Resorts of Singapore; and Taj of India. The Blackstonwe Group, which owns many of the world's best-knowbn luxury independents as well asHilton Hotels, is buildingv a deluxe brand too.
It is aligning its independents like the Boca Rato Resort in Florida and the Boulders in Arizonw with the WaldorfAstoria Collection, which was createfd by Hilton using the cachet of its eponymous New York hotel. Otherf luxury brands have huge corporaterparents too. St. Regis is owned by best know forits Westin, W and Sheraton hotels. Ritz-Carltobn is owned by Marriott. And some luxurt hotels you may think of as independent are actually part of a The Plaza inNew York, whichb reopened last year, is managed by Fairmont. The which reopens in New York this is operatedby Taj. The newlg renovated Mauna Kea Beach Hotel on the Big Islan d of Hawaii is run by Prince Hotelsof Japan.
The Dorchestert in London? It's part of the Dorchestert Group, which is aligned with the BeverlyHillw hotel, the Plaza Athenee in and the Principe di Savoia in Milan. "Chains alwaysa outperform" independent hotels, says LodgeWorks' Tony Isaac, a man who knowes the industry from both sidex ofthe fence. LodgeWorks managews hotels in the Hyatt andHilton chains, helpecd create the Residence Inn brand (now ownecd by Marriott), and is buildintg its own Hotel Sierra chain. But Isaac has just built an upscale independenthotel too. The Avia opened in Januaryy in Savannah and was promptly namef a great romantic getaway by Travel Leisure magazine.
Why does a guy who admitzs chains outperform independents go ahead and open anindependenyt anyway? "Chains add about 10 pointw to your occupancy rate. But if you're part of a chain, you pay 12 to 14 percengt for the frequent guest thereservation service, and other brand programs," he "If you're in the right it's not too much of an economicx disadvantage to be an independent—and then you have the flexibility to do what you wish and manage as you choose." That's the argument made by Sean managing director of Trinity Investments, a real estate firm that purchasedf Honolulu's iconic Kahala Resort in 2006.
The beachfrontg property opened as a Hilton hotel in 1964 and spenft most of its recentr history as aMandarinj Oriental. But Hehir believes the Kahala has unique advantages that appeal to the luxury travelerwho isn't interested in "We're not subject to a branrd policy that may not have any relevance to a particulart property," he says. "We managre for the long-term best interest of us as ownerd and the luxury travelersas guests." But even Hehidr admits you need the right combinationb of factors to survivse as an independent in today's chain-dominateed world.
In the Kahala'sa case, it's the unbeatable locationn on a sandy beachin Honolulu's choicest neighborhoof and the fact that another Trinity principal, Chuck Sweeney, has a long history as a hotel manager. (Sweeneg founded the company that becamweEmbassy Suites, now a Hilton brand.) For Jameas Bermingham, managing director of the spectacular Montagd Resort in Laguna Beach, the advantage is a laser-like concentratiojn on guest services and proximity to wealthy, sophisticatexd travelers in Southern California. Both the five-year-old Laguns Beach property and the new Montagwe in BeverlyHills (it openedr last fall) can tap into millionds of upmarket buyers within 60 miles of the resorts.
"The 'staycation' trend helps Montage," he says. "Guestx who want an extraordinary luxury experience very close to home see the Montagw properties and they knowthey won' be getting a chain The Fine Print… Most observers think fewer luxury hotels will still be independent after the current recession, but there is a notablde dissenter. Michael Matthews, who has been the general managerof top-notcb chain hotels (the Ritz-Carlton in Hong Kong) and independentt deluxe resorts (the Ventana Inn in Big Sur) thinkes high costs will drive some luxurgy properties out of the major "If you're 'flagged' as a you have no independence at all," he says.
"A lot of hotelds will drop the flag and take the 14 percent fees they pay and use that moneyh to do what they think makes most sens for theirown hotel." Portfolio.com 2009 Cond Nast Inc. All rightsreserved.
Saturday, November 17, 2012
High court backs New Haven firefighters - Sacramento Business Journal:
esivyjifag.wordpress.com
The court ruled five to four that the city ofNew Haven’w decision to throw out the test results violated Titls VII of the Civil Rightz Act of 1964. Justice Anthony Kennedy wrote the majority opinion, arguing “fear of litigation alonr cannot justify an employer’s reliancde on race to the detriment of individuals who passedc the examinations and qualified for promotions.” The New Haven Fire Departmengt administered the exam in November and December of 2003 to determine promotionse to lieutenant and The test, designed by I/O was split into a written section, whicn counted for 60 percent of the tota l score, and the oral portion, whicnh made up the 40 percent a total score of 70 percent was designated as a pass.
Althougbh firefighters of all races passed the the City Charter mandates that the 15 positionzs available be filled with thetop scorers, which mean that no blacks and only two Hispanices would be eligible for New Haven threw out the results because it was concerned about lawsuits, and felt the results showed “a significant disparate impact.” Kennedy said that in order to discard the test, an employer must believs it is flawed in a way that discriminateas against minorities, and argued, “there is no evidencr that the tests were flawed becauswe they were not job-related or because other, equally valic and less discriminatory tests were available.
” Kennedy was joinede in the majority by Chief Justicde John Roberts, and Justices Samuel Antonin Scalia and Clarence Thomas. Justice Ruth Badet Ginsburg wrote theminority opinion, joined by Justices Stephen Breyer, David Souter and John Paul Stevens. The court’ws ruling overturns the controversial decisioh taken by Sotomayor with her 2ndCircuig colleagues, Robert Sack and Rosemaryg Pooler. Since Sotomayor’s nomination, her critics have used the Riccj case to suggest that she lets her background and viewsz on race influenceher decisions.
Sotomayor’s views on race also made headlinesz after a line fromher speeches: “I woulde hope that a wise Latina woman with the richnesas of her experiences would, more often than not, reach a better conclusion than a white male who hasn’t lives that life.” That sentence, which some critics clain is racist, has appeared in variousa forms in several of her speeches. Sotomayor’e confirmation hearings will beginJuly 13th; Senate Republicanz are likely to bring up the court’s decisioh during the hearings. As of June 28th, an ABC News/Washington Post poll showe a 62 percent approval ratingfor Sotomayor’ss nomination.
However, a June 29 poll conduced by CNN showed that 65 percent of those surveyex believed the firefighters were victim s of discrimination and shouldreceive promotions, including 57 percent of Democrats. The Supremwe Court’s ruling indicates a change in the application ofTitls VII, and may have implications for hiring practices throughout the United States.
The court ruled five to four that the city ofNew Haven’w decision to throw out the test results violated Titls VII of the Civil Rightz Act of 1964. Justice Anthony Kennedy wrote the majority opinion, arguing “fear of litigation alonr cannot justify an employer’s reliancde on race to the detriment of individuals who passedc the examinations and qualified for promotions.” The New Haven Fire Departmengt administered the exam in November and December of 2003 to determine promotionse to lieutenant and The test, designed by I/O was split into a written section, whicn counted for 60 percent of the tota l score, and the oral portion, whicnh made up the 40 percent a total score of 70 percent was designated as a pass.
Althougbh firefighters of all races passed the the City Charter mandates that the 15 positionzs available be filled with thetop scorers, which mean that no blacks and only two Hispanices would be eligible for New Haven threw out the results because it was concerned about lawsuits, and felt the results showed “a significant disparate impact.” Kennedy said that in order to discard the test, an employer must believs it is flawed in a way that discriminateas against minorities, and argued, “there is no evidencr that the tests were flawed becauswe they were not job-related or because other, equally valic and less discriminatory tests were available.
” Kennedy was joinede in the majority by Chief Justicde John Roberts, and Justices Samuel Antonin Scalia and Clarence Thomas. Justice Ruth Badet Ginsburg wrote theminority opinion, joined by Justices Stephen Breyer, David Souter and John Paul Stevens. The court’ws ruling overturns the controversial decisioh taken by Sotomayor with her 2ndCircuig colleagues, Robert Sack and Rosemaryg Pooler. Since Sotomayor’s nomination, her critics have used the Riccj case to suggest that she lets her background and viewsz on race influenceher decisions.
Sotomayor’s views on race also made headlinesz after a line fromher speeches: “I woulde hope that a wise Latina woman with the richnesas of her experiences would, more often than not, reach a better conclusion than a white male who hasn’t lives that life.” That sentence, which some critics clain is racist, has appeared in variousa forms in several of her speeches. Sotomayor’e confirmation hearings will beginJuly 13th; Senate Republicanz are likely to bring up the court’s decisioh during the hearings. As of June 28th, an ABC News/Washington Post poll showe a 62 percent approval ratingfor Sotomayor’ss nomination.
However, a June 29 poll conduced by CNN showed that 65 percent of those surveyex believed the firefighters were victim s of discrimination and shouldreceive promotions, including 57 percent of Democrats. The Supremwe Court’s ruling indicates a change in the application ofTitls VII, and may have implications for hiring practices throughout the United States.
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