A trial had been scheduled for August 26, 2011 but the according to court papers, firefighters accepted the city's offer on Wednesday. The city will provide back pay, three years of pension credits, and interest, as well as covering the firefighter's attorney costs, which are estimated at three million dollars. In extending this offer, the city can deter the build-up of additional litigation costs. ''I think it's a fair offer. We're glad we can move ahead and put this behind us'' said city attorney Richard Roberts. Because the settlement does not call for a judge's authorization, the whole process will likely be finalized within a matter of days. Funding for the settlement will be drawn from a specific account designated for the case, as well as insurance proceeds.
According to officials, the promotion test results were initially thrown out as a means of avoiding a lawsuit from minority firefighters. Out of 50 minority candidates, only two would have been granted a promotion if the test results were used. However, the city's attempt to divert a lawsuit backfired.
The case haunted more than the city of New Haven. During Supreme Court Justice Sonia Sotomayor's confirmation hearings, Frank Ricci, the lead plaintiff in the case, told the Senate Judiciary Committee that he had worked to earn his promotion but was denied that right because of his skin color. During her time on the US Court of Appeals for the Second Circuit, Sotomayor had endorsed New Haven's actions, leading to heavy questioning on the topic by the Senate Judiciary Committee.
