Bias Suit a Test of Resolve for Hispanic Firefighter

From the New York Times:

The two dozen firefighters who packed into Humphrey’s East Restaurant were celebrating a coming marriage, drinking and jawboning in the boisterous style of large men with risky jobs, but Lt. Ben Vargas spent the evening trying to escape the tension surrounding his presence.

During a trip to the bathroom, he found himself facing another man. Without warning, the first punch landed. When Lieutenant Vargas awoke, bloodied and splayed on the grimy floor, he was taken to the hospital.

Lieutenant Vargas believes the attack, five years ago, was orchestrated by a black firefighter in retaliation for his having joined a racial discrimination lawsuit against the city over its tossing out of an exam for promotion that few minority firefighters passed. (No arrests were made in the attack, and the black firefighter vigorously denies having been involved.)

When the Hispanic firefighters’ association and its members — including Lieutenant Vargas’s brother — refused to publicly stand behind him, he quit the organization.

Lieutenant Vargas, who posted the sixth-highest score on the exam, was ridiculed as a token, a turncoat and an Uncle Tom — all of which, he said, “made my resolve that much stronger.”

When the United States Supreme Court ruled this week in the firefighters’ favor, Lieutenant Vargas, 40, the son of Puerto Rican parents, found himself celebrating amid an awkward racial dynamic: As the lone Hispanic among the 18 plaintiffs who had challenged an affirmative action policy, he had also challenged an appeals court decision joined by Judge Sonia Sotomayor, the first Hispanic nominee to the Supreme Court.

“She’s from Puerto Rico, and I’m from Puerto Rico,” he said. “She obviously feels differently than I do.”