The Supreme Court has overturned the ruling of a lower court that included Sonia Sotomayor, and ruled that white firefighters in New Haven, Conn., were unfairly denied promotions because of their race (Ricci v. DeStefano).
Fearing it might be sued, the city of New Haven had thrown out the results of its promotion exam because not enough blacks passed it [my discussion here]. But aside from the racial distribution of those who passed, the city could identify nothing wrong with the test.
Finally, logic prevails. Society cannot allow the fear of possible lawsuits to distort what it should and would otherwise do. We do what is right and proper. If litigious individuals challenge it in court, we defend it as being right and proper. We may not always win, but at least we will not have been intimidated into conceding in advance.