The New Haven Fire Department gave exams for promotion to the ranks of Captain and Lieuten- ant. Forty-one applicants took the captain's exam, including twenty-five whites, eight African Americans, and eight Latinos. Seventy-seven ap- plicants took the lieutenant's exam, including forty-three whites, nineteen African Americans, and fifteen Latinos. When the results of the ex- ams came back, they showed that, at most, two Latinos would be eligible for promotion to cap- tain. No African Americans would be eligible for either position. Despite its efforts to create a race- neutral exam, the city feared that it would face an adverse impact suit from non-white applicants denied promotion. The city chose instead not to certify the exam results and not to make any promotions. Seventeen white candidates and one Latino who would have been eligible for promo- tion based on the exam results sued the city. What should the court decide? Why? (Ricci v. DeStefano, 2008 U.S. App. LEXIS 12261 (2d Cir.))