A municipality can't use race-based transfers to integrate fire companies that were never intentionally segregated, the 3rd Circuit has ruled. The court invalidated the city of Newark, N.J.'s transfers of 34 firefighters, saying, "Racial balancing, and that is what this is, simply cannot be achieved by means of a racial classification without running afoul of the Equal Protection Clause of the Constitution." The firefighters and their unions sued to enjoin the race-based transfers.
October 02, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A municipality can’t use race-based transfers to integrate fire companies that were never intentionally segregated, the 3rd U.S. Circuit Court of Appeals ruled Sept. 18.
The judges invalidated the city of Newark, N.J.’s transfers of 34 firefighters, saying, “Racial balancing, and that is what this is, simply cannot be achieved by means of a racial classification without running afoul of the Equal Protection Clause of the Constitution.”
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