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Police Victims Of Discrimination Win Retroactive Promotions

Here?s another blow to affirmative action:

In a recent court settlement, four police officers who were denied promotion five years ago were vindicated on all the points of their complaint, with retroactive effect....

The legal proceedings had been instituted by four forensic scientists and on Monday the case was settled by granting all the requests they asked for back in November 2004: immediate promotion, which was formerly refused due to the colour of their skin, as well as full compensation with retroactive effect, as if they had indeed been promoted at that time.

The police department ?had decided to leave key positions vacant rather than appointing white candidates.?

Oh, I forgot to mention that the police department is in Johannesburg, South Africa, and the ruling was based on principle that municipalities in this country would be wise to consider if they contemplate leaving positions unfilled because no suitable minority candidates are available.

A written legal opinion was requested from Advocate John Grogan SC, one of the country?s top labour law practitioners for the case, which stated that affirmative action ?must achieve something, preferably something that would protect or help those who were previously disadvantaged?.

?How can it be claimed that any previously disadvantaged candidate is helped or protected by leaving a post vacant?? asked Grogan.

Good question.

Full post as published by Discriminations on August 23, 2009 (boomark / email).