DOJ Says Black EMS Captains Can Prove Bias Without Material Harm

Cleveland violated federal law when its EMS commissioner considered race when adjusting supervisors’ shift assignments even though the five Black supervisors challenging the moves didn’t lose any pay, the U.S. government will tell the Sixth Circuit during oral arguments Tuesday.

But the government’s position essentially ignores “decades of controlling case law,” according to the city. The commissioner is the mother of biracial children, and she considered race when reviewing shift assignments derived through seniority to ensure diversity, the city said.

The case raises the question of whether Title VII of the 1964 Civil Rights Act really requires proof of an ...