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Empathy and the Ricci case

Empathy.

I always thought it was a good thing. Most religions talk about the virtue of it. Many celebrities are hailed if they show it. I would argue it’s a characteristic the world needs more of.

Although I vehemently disagree with the Supreme Court on their reversal of the Ricci v. DeStefano case on 5-4 ideological lines, I do have empathy for Frank Ricci, the dyslexic white firefighter who studied hard to pass the test. Seems unfair that he didn’t get promoted. I get that.

But that’s my point. Why is it cool to have empathy for white firefighters but not black motorists who get assaulted by police officers? Or gay couples who want to be married in California? Or illegal immigrants who hold national rallies to protest against hateful rhetoric against them? Or foreigners who are being held indefinitely, perhaps while being tortured, who don’t get a chance to defend themselves against terrorism charges, or even get to examine the evidence the government says proves their guilt?

Seems like a bit of selective empathy administration. I don’t get it. Why do we have to reserve our empathy for minorities and gays and lesbians, foreigners and illegal immigrants? But we must open our reservoir of empathy for white men? Why is empathy inapplicable for others but appropriate for them? Can’t we be empathic towards all?

I would argue almost everyone deserves empathy. We should all try to relate to everyone’s experience. Now, personally, there are several behaviors that try this theory — rapists, child molesters, police who assault and murder people of color without reprimand. But I believe most people fall outside these exceptions.

This brings me back to the Ricci case. I will admit I’m not a legal scholar, but it seems like the Court made the decision based on empathy and not legal precedent. It seems to me that the Court reasoned that somehow New Haven discriminated against Ricci because they decided to throw out this test. I admit being denied a promotion you worked for is unfortunate, but it’s not like the city gave his promotions to the Blacks and Hispanics who didn’t pass. They just threw out the test because of the racial disparity in its results. He still has a chance to get promoted. They were afraid they were in violation of federal law. The only way a group of sharp legal minds can misconstrue this act of prevention as racial discrimination is through empathy.

Also, I wonder. Why is this test so sacred? It seems if you’re qualified to be promoted, that will shine through. If you know a particular test is designed to make sure you pass while others fail, wouldn’t you demand another test to ultimately prove your competence? Isn’t it self-serving to hold onto a test that stacks the odds against your rivals? Is it irrational to think this test might be flawed — a firefighter promotions test that heavily relies on a written section? Really? — or that it might be ineffective? Why treat this test like gospel if you don’t have an ulterior motive?

Also, if we’re to have empathy for Ricci and other white firefighters like him, should we not have empathy for a city were 60 percent of its population is Black and Hispanic, yet statistics show this majority will have a hard time being promoted if they should choose being a firefighter as a profession? Should we have empathy for minorities who traditionally have not benefited from non-merit considerations like whites have — the reason Affirmative Action was created in the first place? Why do the water’s edge of empathy stop with Ricci?

I ask these questions but I think I know the answers. Particular groups have agendas which means hypocrisy is a small price to pay for furthering that agenda. The best way to become a partisan is to suppress your empathy for the other side. So when a Black or Hispanic firefighter doesn’t get promoted, it’s because they didn’t study hard enough. When it happens to a white firefighter, the city conspired to hold them down.

With these type of arguments, I have an abundance for empathy for all of us. We’re going to need it. And while I am a partisan, I would hope my ability to administer empathy to all people is not withered by this decision. My anger on the other hand …

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Justifying Indifference

He stared at me. I stared at him.

“People who think the system is out to get them are just misinformed.”

The man who said this had been appointed by the Governor in my state. He was a politician and a high-ranking one at that. But this statement stuck me as misleading, perhaps purposely so. And my body language showed that I thought so.

Anyone who’s been racially profiled, arrested so that the police could search your car and then eventually let go after a humiliating experience, or arrested at the whim of a police officer and then charged with a crime so that officer can cover his or her tracks in their police report, will indeed tell you, at times, the system does feel like it’s out to get you. Meaning the power structure in this country: your neighborhood cops, local judges, your local DMV, your boss. Maybe that’s an inarticulate way to put it. But there’s certainly an argument that that feeling is warranted.

I return to this argument as I see the controversy unfold over Sherri Goforth’s incredibly racist email about President Barack Obama. Goforth, an aide to GOP Tennessee state senator Diane Black (you can’t make this stuff up) sent this email to a group of colleagues. The email shows photographs of all presidents and then a dark space with two eyes for the current President. Cute.

Now realize Sonya Sotomayor, a Latina who has been a federal court judge for many years, who was nominated to the Supreme Court by President Obama, has already been called a racist because she believes in diversity. Many are calling for her withdrawl before this confirmation process has began.

Sen. Black’s response? A strongly worded reprimand of said aide. She wasn’t terminated or demoted. A letter was put in her file. Right.

I return to the original statement. “The system is not out to get you,” the politican said. Ok. Maybe true enough. But imagine losing your job as a single mother because you can’t find a cheap enough babysitter to watch your child. Imagine losing you’re job because you don’t have the money to pay your rent, car insurance and registration, and you need your vehicle for your job duties. Then imagine, a co-worker keeping his or her job, in a workforce filled with people of different ethnicities, despite creating a hostile workplace with the revelation they sent a racist emails. At the very least, it would create a very awkward situation for people of color in this workplace. And the boss keeps this person. But you? You hit bricks.

I would argue anyone who dismisses concerns about the imbalance of social constructs, either is doing so out of ignorance or trying to justify their own indifference.

And I don’t need a politician to tell me that.

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