Tag Archive | "Ricci v. DeStefano"

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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