In the firefighters case (Ricci vs DeStefano) decided in the U.S. Supreme Court June 29, 2009, Justice Alito addresses “sympathy:”

“The dissent grants that petitioners’ situation is “unfortunate” that they “understandably attract this Court’s sympathy.” Post, at 1, 39. But “sympathy” is not what petitioners have a right to demand. What they have a right to demand is evenhanded enforcement of the law—of Title VII’s prohibition against discrimination based on race. And that is what, until today’s decision, has been denied them.”