-4- While the lawsuit was pending in superior court, the U.S. Supreme Court decided in Richmond v. J.A. Croson Co., 488 U.S. 469 (1989), that a State government must have strong evidence of past discrimination before it can employ racial or gender classifications. On the basis of this decision, the board reexamined the department’s supplemental certification program and concluded that it was improper. The board suspended the department’s use of that program in December 1989. Shortly thereafter, the superior court dismissed the lawsuit as moot in that the department was essentially then in compliance with the plaintiffs’ request in the lawsuit that it abandon its supplemental certification program. The superior court declined in connection with the dismissal to grant the plaintiffs’ request to discharge the individuals employed through the supplemental certification program. The plaintiffs appealed the dismissal of the lawsuit to the California Court of Appeal for the Third District (court of appeal). The court of appeal reversed the dismissal and remanded the case to the superior court with instructions to declare that the plaintiffs’ rights under the California Constitution and California Government Code were violated by the use of supplemental certification, to enjoin the defendants from using supplemental certification, and to “fashion an equitable remedy to redress the violation of plaintiffs’ constitutional andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011