In 2003, the city of New Haven tried to determine its firefighters' eligibility for promotions using a test with a written section, which counted for 60% of the total exam score, and an oral section, which counted for 40%.
In Ricci v. DeStefano, the Supreme Court ruled that ignoring the test results violated the civil rights of white firefighters. Michael Briscoe, a black firefighter, is now suing New Haven over the same promotions exam.
Even though Briscoe had a high score on the exam's oral section, he was ineligible for a promotion due to the 60/40 weights. He claims he would've been promoted if the weights had been reversed. He is seeking a promotion and retroactive pay.