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Hispanic firefighter was labeled as Uncle Tom and traitor

FILE - Supreme Court nominee Sonia Sotomayor is sworn in on Capitol Hill in AP – FILE - Supreme Court nominee Sonia Sotomayor is sworn in on Capitol Hill in Washington, in this July …

Benjamin Vargas had a tough decision. He was one of only two Hispanics who scored high enough on a promotion test for New Haven firefighters, and city officials threw it out because too few minorities scored well.

He could join a group of white firefighters suing the city, or he could side with others -- including many minorities -- who wanted the results thrown out.

He joined the lawsuit and says others labeled him as an Uncle Tom and a traitor to the Hispanic community.

"I received lots of criticism," he said testifying to the Senate Judiciary Committee. "I've got a thick skin."

Judge Sonia Sotomayor was part of a three-judge panel that rejected the lawsuit. Last month, the Supreme Court ruled for the firefighters, and Sotomayor has faced harsh criticism for her ruling.

Vargas said he was proud of the Hispanic background that he shares with Sotomayor, but that the ruling was unfair and un-American.

"This is what America is all about. You work hard," he said. "We're the greatest country in the world. ... You rise and fall on your own merits."

Vargas said the Supreme Court decision makes him believe that things are getting better. "We're going the right direction now."

-Michael Giarrusso, AP editor