“The idea, then, isn't to make an employer hire less qualified women or minorities over more qualified men or whites. It's to make sure the employer is testing for job qualifications, not unrelated ones.

Race discrimination has locked minorities into poor neighborhoods with failing schools for generations: As a result, blacks, as a group, continue to perform less well on written exams than other races. Perhaps New Haven's black candidates could overcome these disadvantages by studying harder, like Frank Ricci did. But Ricci took extraordinary steps to ace the test—six months off work to prepare and $1,000 on tutoring. An equal-opportunity law that's premised on everyone taking such steps isn't likely to do much good in the real world of scarce time and money. And would encouraging the equivalent of intense cramming for the final really help employers select the best firefighter for the job?

Prohibiting tests that needlessly screen out underrepresented groups is a sensible way to ensure that employers have both qualified and integrated work forces. That's why Sotomayor and the 2nd Circuit rejected Ricci's claim.”

Is Professor Ford really saying that it's ok to racially discriminate against white people?

I personally would really like my firefighters to be the most competent, regardless of the racial make-up.