Racialicious Responds to the Firefighter Reverse Discrimination Case

A Racialicious Roundtable, compiled by Latoya Peterson and Thea Lim


On April 22, the Supreme Court will hear arguments in the case of Ricci, et. Al, v. DeStefano, et al., a case brought by seventeen firefighters who claim that they were discriminated against by the City of New Haven after the City decided to throw out the results of a required advancement exam. The New York Times story notes:

Mr. Ricci did well, he said, coming in sixth among the 77 candidates who took the exam. But the city threw out the test, because none of the 19 African-American firefighters who took it qualified for promotion. That decision prompted Mr. Ricci and 17 other white firefighters, including one Hispanic, to sue the city, alleging racial discrimination. [...]

The city says it was merely trying to comply with a federal law that views job requirements like promotional tests with great suspicion when they disproportionately disfavor minority applicants.

“The fact of the matter is it’s a flawed test,” said Victor A. Bolden, the city’s acting corporation counsel.

Mr. Bolden added that he had sympathy for Mr. Ricci. “There’s no question that there are people who are disappointed,” he said. “But disappointment doesn’t lead to a discrimination claim.”

The promotion exam was offered in the fall of 2003, and no one has been promoted since, Mr. Bolden said.

The suit brought by Mr. Ricci and his colleagues says that the city’s rationale for throwing out the test is illegitimate and that they were denied a chance for promotion on account of the color of their skin.

Since this made the Court’s docket, it officially became a matter of serious weight. I called together some of the other correspondents and we had a chat about what this case means, what it could mean for industries that seem to just stay segregated, and the unanswered questions we still have after examining the available briefs and news articles. – LDP

Fatemeh: So I don’t feel like I have anything to weigh in on this “reverse racism” fuckery.

Latoya: Why?

Fatemeh: Because I feel like there are angles I’m not seeing. But also because I can’t get past the technicalities: no one was actually denied from having a job because of his race.

Latoya: Makes sense. I wonder if that’s why everyone else is hesitating. Even Carmen is hesitant to comment.

Fatemeh: Yet “African-Americans held 32 percent of the entry-level positions in the Fire Department in 2007, according to data compiled by the city, but only 15 percent of the supervisory positions.” That makes it sound (to me) like there aren’t equal opportunities for advancement for black firefighters.

Latoya: Is the test racially biased? Because that’s part what is being argued. I wonder if the court will maintain that testing measures are colorblind, and therefore race should not be a consideration.

Fatemeh: I’m sort of skeptical that the test is colorblind. Some guy in the story is like, “You learn everything you need to know on the job here.” With that reasoning, everyone should have the same amount of knowledge when they take the tests, and everyone should do about the same, right? So a few outliers who have better training, or worked harder to study, or whatever, will get higher scores and be promoted. So if the test is not racially biased, then black firefighters would score similarly to white ones.

Latoya: True. And that’s what also makes this so weird. What I am concerned about is that this could easily set a precedent for hiring decisions and ideas.

Fatemeh: Exactly.

Latoya: If they decide whites are unfairly discriminated against for their achievements, what kind of messages will that reinforce?

Fatemeh: Straight-up white privilege. “I worked hard to get where I am!” Of course you did. But why did you advance, when your black coworker worked just as hard (or harder) and hasn’t gotten where you are?

Latoya: How will it impact the advertising industry, that has been hit with civil rights cases but still maintains a heavily white workforce? Are they off the hook now?

Fatemeh: I’m confused; how do you link the ad industry to this?

Latoya: A Supreme Court decision has long reaching effects. This isn’t just going to impact firefighting. It impacts anything with a racial disparity component. So in predominantly white industries, I am concerned that if the court comes down on the side of the plaintiffs, it will deliver other industries a get out of jail free card.

Fatemeh: Okay, I get you. The ad industry is a huge example of a racially disparate workforce.

Latoya: Industries that have been proven to be discriminatory may be able to take this law and twist it to maintain the status quo.

Fatemeh: I see your concern now, Latoya. Do you think there would be a way to prove that the test is racially biased? Could they offer up numbers of black supervisors compared to white ones, even though the black & white populations in the department aren’t drastically different?

Thea: I read this “The city says it was merely trying to comply with a federal law that views job requirements like promotional tests with great suspicion when they disproportionately disfavor minority applicants.” and I was glad that the city is so proactive about tests that produce racially disproportionate results.

At the same time – and maybe this is out of character! – I feel for the guys who studied hard, did well, and then had their tests thrown out. I don’t think it’s accurate for them to call discrimination; i.e. say that they have been disadvantaged on the basis of their race. However I do agree that it’s not totally fair. There’s a difference right, between something that is unfair and something that is unfair on the basis of race?

This just seems like such a mismanagement on the part of the system. It creates divisions between ethnic groups. Again I don’t think the white firefighters had grounds to call discrimination, but I think they had the right to be pissed off and complain about it.

I dunno, it’s a weird case and I see why people are hesitant to speak about it. Yes it was unfair, but I also agree with you Latoya that it could set precedents that will get twisted around.

Incidentally I’ve heard that the majority of the human rights complaints filed to the Ontario Human Rights Commission are filed by straight white male professionals…

Latoya: Thea, agreed. I can definitely feel the frustration there – but I’m not sold that in it self constitutes racial bias. Art, what do you think about the case?

Arturo: One thing that stuck out the most:

This test and the department handling of it seem to be very flawed going in — the minority failure rate going in should have been raising flags before this case went up the flagpole.

Latoya: Here’s something else that had me come up short, reading the [NYT] article:

“In a brief supporting the white firefighters, the National Association of Police Organizations saw the injection of racial politics into public safety. Promotion decisions should be based on merit, the group said. Race-neutral decisions foster camaraderie and a sense of fairness, it added, saying that people who work in public safety “are, in the main, effectively colorblind.””

Latoya: Maybe I’m just a little jaded.

Fatemeh: Red flags go off when I hear the word “colorblind.”

Latoya: But I don’t trust the fact that people who work in public safety are colorblind. Not police. Not social workers. Not the people who decide ecologically unsafe materials go into minority neighborhoods.

Fatemeh: Exactly! This colorblind bull isn’t really fooling anybody!

Arturo: I’d love to have seen somebody from NAPO get called to the stand to prove that remark.

Latoya: Yeah, especially post Oscar Grant. There are still major issues with discrimination.

Fatemeh: Mm-hmm. This whole case seems kinda sketch.

Arturo: Not to mention the Court it’s going to. I shudder at the thought of Antonin Scalia writing about this.

Latoya: Word.

Fatemeh: OH, sweet gawd.

Latoya: Justice Roberts seems to be of the mind that if we all ignore the issues of race and discrimination, they will magically vanish.

Arturo: Another question: why would NAPO, in effect, ignore the findings of the International Assn. of Black Firefighters?

Fatemeh: I wish we knew more about this precinct. Ricci was #6, so he wouldn’t be the in the top five considered for promotion. If he doesn’t even get to be promoted, why is he fighting for this? Are any of the “top three” in this class-action? I wonder if there are race issues in the precinct that we don’t know about. Why go to the Supreme Court?

Latoya: We should try to get a look at the actual brief, if possible – though reading it would be a pain. The court gets that stuff delivered in boxes. Let me do some poking around – continue discussing.

Arturo: I’d want to look at the test — even the story says it uses inaccurate terminology

Fatemeh: I’ve been watching a lot of CSIs lately. I feel all sleuthy!

Arturo: Fatemeh’s got her Caruso shades on!

Latoya: Do you both think that the people who brought the case were motivated by racial resentment?

Arturo: Odds are at least some of them are

Fatemeh: Exactly.

Arturo: But there’s a disconnect here: Where does “this test is flawed” take you to “this test is biased against white people”? And where did the plaintiffs place with their results? I’d hate to think they’re making Ricci the poster boy because of his condition, but people are strange …

Fatemeh: It goes back to the “reverse racism” idea: groups of color are being given extra handouts, blah blah blah

Arturo: I’d like to know about admission standards for the NHFD. How do you let people in if you don’t think they can work their way up?

Fatemeh: Frankly, I don’t like the way the NYT framed this case. “Here’s poor Mr. Ricci, who’s worked so hard but is being denied a promotion by the big-bad PC city!”

Latoya: Fox News is going to have a field day with this

Latoya: <---looking for the SCOTUS blog post on this

Arturo: Fox: “We interrupt our live coverage of the Tea Parties to bring you NEW HAVEN UNDER SIEGE!”

Fatemeh: TEA PARTIES! :D AHAHAHHAA

Latoya: lol

Fatemeh: I’d love to see this article written from the other angle. “Jeffrey Simmons has worked at the NHFD for eighteen years. He’s been angling for a promotion for seventeen of those years. But the city’s discriminatory tests have kept him from advancing for those same seventeen years.” Booyakasha!

Arturo: The test itself is the key. How is nobody passing it? I would have thought performance was the biggest marker in this kind of job. Or maybe I watched “Backdraft” too many times.

Latoya: Whoa, I need to read the SCOTUS blog more often

Docket:08-833 Title: Oliver v. Quarterman Issue: Does juror consultation of the Bible during sentencing deliberations deprive a defendant of Sixth Amendment rights and what standard of proof should apply in evaluating the possible prejudice to the defendant?

Latoya: Damn. Anyway, back to searching…

Fatemeh: It sort of tickles me that SCOTUS has a blog. I wonder if they’re on Twitter? (giggle)

Fatemeh: “RBGinsburg is rolling her eyes at Scalia for the 8,000 time today.”

Arturo: bwaha

Latoya: lol

Arturo: “Antonin Scalia would rather be hunting duck”

Latoya: lol

Fatemeh: HA!

Arturo: The more I think about it, the more NAPO supporting the plaintiffs bugs me. Nice message to send your members of color.

Latoya: The message they’re sending is “You’re next.” Remember, SCOTUS sets precedents.

Latoya: WTF? Reading Scalia’s opinion on the Navajo’s claim for compensation:

“For over 15 years, the Indian Tribe known as the Navajo Nation has been pursuing a claim for money damages against the Federal Government based on an asserted breach of trust by the Secretary of the Interior in connection with his approval of amendments to a coal lease executed by the Tribe. The original lease took effect in 1964. The amendments were approved in 1987. The litigation was initiated in 1993. Six years ago, we held that “the Tribe’s claim for compensation . . . fails,” United States v. Navajo Nation, 537 U. S. 488, 493 (2003) (Navajo I), but after further proceedings on remand the United States Court of Appeals for the Federal Circuit resuscitated it. 501 F. 3d 1327 (2007). Today we hold, once again, that the Tribe’s claim for compensation fails. This matter should now be regarded as closed.”

Fatemeh: That is fucked. Up.

Latoya: They go on to say the federal government cannot be sued without their consent. Damn. Who consents to be sued?

Arturo: WOW

Fatemeh: Wha…?

Fatemeh: I feel like my head is gonna explode.

Latoya: Let’s talk a little about the role of institutional bias in these kinds of decisions.

Arturo: Are we talking about bias from the city side, or within the FD?

Fatemeh: I mean, the nat’l firefighter association is backing Ricci, the chief justice is getting all huffy about ending racial discrimination by ignoring it…

Latoya: <---heading to the SCOTUS wiki

Latoya: SCOTUS wiki FTW! http://www.scotuswiki.com/index.php?title=Ricci%2C_et_al._v._DeStefano%2C_et_al.

Latoya: all the docs, the brief, the overview

Arturo: I hate that the angle here is, “well, we just don’t wanna get sued.” (ironic, though, isn’t it?)

Latoya: LOL, very much so. And yes, this really isn’t a case motivated by justice.

Arturo: What the hell is a Concerned American Firefighter? Nevermind, i see it now: white people.

Latoya: The Anti Defamation league supports neither party. Interesting. Wonder why?

Latoya:

“The ADL has endorsed limited racial preferences in order to remedy specific discrimination, it has repeatedly opposed the non-remedial use of race-based criteria, except under highly limited circumstances in the educational context where the government can identify a compelling interest to justify them, and has narrowly tailored their use to meet those legitimate interests.”

New Haven thus far has not been put to its proofs as to whether it has a compelling interest in scrapping the test results – that is, whether, under the facts of this case, there was a “strong basis in evidence” that it would have been subject to Title VII liability. The record as it now exists leaves unresolved questions that require resolution by the District Court.

Arturo: Hm.

Latoya:

When government uses race as a decisive factor in allocating opportunity or benefits, and ignores merit and classifies people based on immutable characteristics, it violates core vales of equal protection. Even in higher education, one of the few areas in which this court has been willing to permit some limited use of race, the means by which it may permissibly be considered is far more nuanced than the approach New Haven used here. Thus, in Grutter, The University of Michigan’s Law School was allowed to take race into account in its admissions.

Latoya:

As one component of a “highly individualized, holistic review” that focused on each applicant’s talents, abilities and background. GRUTTER, 539 U.S. at 337. The process did not run afoul of equal protection because it used race as just one factor; the individualized nature of that inquiry being deemed of “paramount” importance. (In contrast, Michigan’s Undergraduate Admissions System, which essentially awarded “bonus points” to minority applicants, was struck down for doing just that, in the companion case of Gratz V. Bollinger, 539 U.S. 244 (2003)).

Latoya: Good point.

Arturo: “Highly individualized” I get, but “holistic”? What an odd choice of words.

Latoya: It is. The ADL seems very pro-Ricci. I’m wondering why they have declined to support either party.

Latoya:

Another equal protection case involving public safety promotions, Cotter v. City of Boston, 193 F.sUPP.2D 323 (d.mASS. 2002), AFF ’D. IN RELEVANT PART, 323 F.3D 160, 172 & N.10 (1ST CIR. 2003), illuminates what that inquiry might look like. In Cotter, eight white Boston police officers challenged the promotion of three African American officers who received lower scores on the promotional exam for Sergent. Boston cited three interests it claimed were sufficiently compelling to justify its move: the operational impact of having a racially diverse police force, the need to remedy past discrimination within the Department, and the desire to stave off litigation it claimed would have been filed by a minority-officers’ association or the officers themselves. 193 F. sUPP. 2D AT 338. In analyzing the City’s claimed desire to avoid litigation, the District Court looked to Shaw II for guidence. 193 F. sUPP. 2D 351, citing Shaw II, 517 U.s. AT 908 N.4. 4

Arturo: And back to the lawsuits it goes. I mean, really, why would you make that public? What message does that send to anyone who *does* get promoted? You’re basically encouraging resentment against POCs with those kinds of statements.

Latoya:

Note, however, that in Cotter the record presented two significant factors in support of the City’s determination that this record lacks: 1) a documented history of past discrimination within the department and 2) expert reports showing that, under two different measures of statistical significance, the exam had a disparate impact on African-American candidates. 193 F. sUPP. 2D AT 346- 351. The record here contains no such evidence on New Haven’s behalf; indeed the City specifically declined petitioners’ request to have the test results validated. [...] New Haven thus far has not been put to its proofs as to whether it has a compelling interest in scrapping the test results – that is, whether, under the facts of this case, there was a “strong basis in evidence” that it would have been subject to Title VII liability. The record as it now exists leaves unresolved questions that require resolution by the District Court.

Thea: Is it like everyone is passing this around? Is that an accurate surmise?

Latoya: No, that’s how these cases work. They normally spend years going back and forth.

Thea: Yah, i was just going to say that’s prolly not out of the ordinary.

AJPlaid: Yep. My question is why. Why was this kicked up so quickly?

Latoya: That’s a good question. According to the filing, the lower court judges who dissented urged the court to take a look and as the NYT article stated, it’s been ages since the court ruled on race in hiring.

AJPlaid: Right. See, my instinct keeps going off.

Latoya: What’s your instinct saying?

AJPlaid: Again, this is the move that folks have been waiting for: that we don’t have to adhere to racial “preferences” anymore. And, with Obama, it’s the legal equivalent of the “post-racial” narrative enacted.

Latoya: Very true – post racial legislation and precedents. Oh, here’s something interesting. The Latinos have spoken.

Arturo: Did we leave a message?

AJPlaid: LMAO!

Latoya: Here’s what the International Association of Hispanic Firefighters Association had to say:

This Court should affirm the Second Circuit’s judgment that a decision to avoid potential discrimination is not itself discrimination. To reverse will exacerbate racial tensions in public safety departments in Connecticut and in other workplaces throughout the country by giving credence to the notion that racial justice is a zero-sum game with every win for a person of color representing a loss for a white person, or vice versa.

AJPlaid: Bingo! I’m with the Hispanic Firefighters Association with this one.

Latoya:

The City of New Haven was faced with evidence that its promotional tests had a serious adverse impact on Latinos, as well as African Americans. For the lieutenant’s exam, the pass rate for Whites was 58.14%, but for African Americans, it was 31.58%, and for Latinos, it was a mere 20%. Pet. App. 426a, 429a- 432a, 437a. The pass rate for Latinos fails the Equal Employment Opportunity Commission’s four-fifths rule by a wide margin, supporting an inference that the test created a serious disparate impact on Latinos, in particular. The pass rates for the captains exam were similar. On the captain’s exam, Whites passed at a rate of 64%, while African Americans and Latinos each passed at a rate of 37.5%, again, failing the four-fifths rule by a wide margin. Id. at 427a, 433a-436a, 438a.

Latoya: The briefs are fascinating. I need to read some more in defense of the respondent. But everyone is interpreting the idea of the law differently.

AJPlaid: So no one wants to say – as Thea astutely pointed out – the system or test stinks. Instead they’re saying ” AA stinks.”

Arturo: Hm. any stats on Asian applicants?

Latoya: Nothing standing out. Some of the briefs are joint filed, but nothing Asian specific.

AJPlaid: So, yeah–it would behoove the city to create a fairer *test.* The BS in the article about New Haven folks not knowing “uptown” and “downtown” is exactly that.

Arturo: It might have been a poorly-phrased way of saying those terms aren’t commonly used for specific parts of town. San Diego, for example, has neighborhoods called Downtown and Old Town. In Wichita, the downtown area *is* called Old Town.

AJPlaid: True. But, having been to New Haven…they know.

Latoya: Most of the pro-briefs are arguing that the test is race neutral and valid.

Arturo: I’d like to know who, exactly, came up with the test.

AJPlaid: Good point.

Arturo: I mean, if it was just 3 or 5 white guys …

Latoya: True, but that gets back to the ADL brief. The defendants didn’t get the test analyzed – they just chose to disregard the results. The ADL seems to want the test checked and verified with the results presented to that circuit court. So, is the onus on [the City] for this?

AJPlaid: Hmmm…I don’t think so. But perhaps, they want to be impartial arbiters before deciding which side they’re on.

Arturo: As leery as everybody seems to be of further litigation, that makes sense.

Latoya: True. I think this is as good as it’s going to get [for this discussion]. Y’all seem kind of *blech* about talking law. Which means readers will probably be blech about reading it.

Arturo: To be fair, I haven’t gone into much detail on the briefs

AJPlaid: Right, Arturo. I keep going back to this statement from Judge Arterton:

But the city’s motives were lawful, Judge Arterton said. They included fear of public criticism, the possibility of “lawsuits from minority applicants that, for political reasons, the city did not want to defend” and a desire to promote “diversity in the Fire Department” and “managerial role models for aspiring firefighters.” (NYT)

Arturo: But the argument itself is intriguing, even if there’s still a bunch of open-ended questions surrounding it.

Latoya: Right – And that’s where the two types of briefs split.

AJPlaid: Not so much *blech* , Latoya, just not on surer footing about all the angles. :)

Latoya: I suppose. The problem is it won’t be argued until the 22nd and it will be a while on a decision.

Arturo: That bit of evidence you presented earlier re: Latino test scores would seem to tilt things in favor of the defendants a bit.

Latoya: Well, it would depend though.

AJPlaid: On what?

Latoya: On what the court feels like is the real thrust behind this case.

AJPlaid: True.

Latoya: The petitioner supporters are all arguing that these types of hiring practices are, in fact, race neutral. And if we are willing to disregard the more race neutral forms of judging merit, then how is that getting us anywhere?

AJPlaid: But nuts-and-bolts of how AA gets implemented doesn’t appear race-neutral at all.

Latoya: Right – they are arguing that we are trying to override merit with quotas.

AJPlaid: Especially to those white folks who been used to racial preferences as a matter of course.

Latoya: Which is why some of the pro-respondent briefs were anti-quota. They argued that in this case, there was no quota – no one was promoted, so no harm, no foul.

Arturo: The counter to that argument is, if this is so “race-neutral,” why are black and latino applicants passing rates so low?

Latoya: Arturo, you know what they are going to argue in relation to that. You’ve been on this planet as long as I have. We’re *always* unqualified, even if we are.

AJPlaid: That’s it.

Latoya: And/or too lazy to study. After all, the guy with dyslexia could do it, because he *tried*

Aturo: except he *didn’t* — he wouldn’t have passed under the system, anyway.

AJPlaid: But I’d argue that’s not how AA is supposed to work. But that’s how it’s been used.

Latoya: Implication being blacks and Latinos either aren’t trying and just don’t have the aptitude. Art – also correct. We really need to try to find someone else involved in this case to get some stories from.

Arturo: Hm. Do we know if New Haven has any ethnic media?

Latoya: Not sure. Does someone want to check while I am rolling through the briefs?

Arturo: Well, there’s an “alternative” paper, the New Haven Advocate. Let me keep checking …

AJPlaid: Connecticut’s Ethnic Newspapers are here.

Arturo: Black Coalition Weekly. Hm.

Latoya: There also seems to be the assumption [in the pro-petitioner briefs] that the act of throwing out the test amounts to a race based preference, which is prohibited under the law.

AJPlaid: Still looking…

Arturo: that’s one question I’d like someone to ask: wouldn’t throwing out this test call for a re-test? And thus, wouldn’t our Mr. Ricci get another shot at making the top 3?

AJPlaid: Here’s a regional Black newspaper, coming out weekly: http://www.inqnews.com/Frontpage.php. Cursory glance: nada.

Arturo: I didn’t see anything, either.

Latoya: Ugh. This is when racial bias in the media blows me. Did they bother to interview any of the black or Latino firefighters?

Arturo: Obviously, it’s the NHFD’s fault for not having more dyslexic personnel to cover.

AJPlaid: I also see West Indian American and Inner-City News. Again, either jainky website or no website.

Arturo: I can’t even find a website for Black Coalition Weekly.

Latoya: <----sighs deeply

AJPlaid: Feel you.

Latoya: This is strange

Arturo: ?

AJPlaid: Uh-oh

Latoya: It's like everyone who is not a plaintiff vanished from public record.

AJPlaid: You know my favorite word for such things....

Arturo: Whitewash?

AJPlaid: Conspiracy.

Arturo: The FD site says the department isn't recruiting at the moment.

Latoya: I feel a mild level obsession coming on

AJPlaid: Of course not. Isn't it policy to not comment on cases, or am I dreaming?

Latoya: There has to be one person who went on record that is not a plaintiff. It's policy not to comment - but this is an old case. It was around for a while. Someone *had* to have said something before it went to trial.

AJPlaid: True.

Arturo: Maybe the BCW had something -- but without a site, it's a bit more involved to figure that out.

AJPlaid: But if the case is getting heard on 4/22, then the gag rule may be informally put on. And to break the roundtable, we'd need that info stat.

Arturo: Point.

AJPlaid: "break"=to go live

Latoya: Can someone check the Hartford Courant for information? They seem to have broke the original story that was picked up.

AJPlaid: On it.

Arturo: This is so NCIS. (Gods, I hate afternoon cable TV.)

Latoya: NCIS?

Latoya: <----watches TV once a week, at most.

AJPlaid: http://www.courant.com/news/local/hc-firefighter-race-lawsuit.artapr06,0,5219178.story

Aturo: Hm. It’s a wire story. This story is definitely slanted more favorably toward Ricci.

Arturo: It’s like CSI, but covering the military.

Latoya: Wait, so is that like JAG?

Arturo: I would imagine so. JAG doesn’t have a gothy lab asst., so I don’t watch it.

Arturo: Nobody on record for the defendants

Latoya: Hmmm.

Arturo: No black firefighters interviewed

AJPlaid: Nope.

Latoya: [The LA Times reported that the plaintiffs] said Boise Kimber, an outspoken black minister, was a key political ally of Mayor John DeStefano Jr., and that he pressured the city civil service board into rejecting the test results.

Arturo: Although the mention of the Obama administration [siding with both the City and the ADL] is a new wrinkle.

Latoya: It is.

Arturo: Looks like the Times re-ran the Tribune piece

“Payton emphasized that New Haven had not rejected the white firefighters because of their race, but rather rejected the use of the written exam as the sole determinant of who would be promoted.”

Arturo: That’s a key distinction.

AJPlaid: Yep. But the Obama wrinkle: thoughts?

Arturo: I’d like to know *who* in the administration was quoted there.

Latoya: I’ll second that, though I doubt we’ll get an answer. Some of the cases in the briefs (specifically the Michigan decision) cite the Bush Administration, no further info.

Arturo: It’s not a bad addition to the piece, but to not have a firefighter of color mentioned in the piece is disappointing. I’m also not digging that in every draft, the story centers on Ricci. It’s coming dangerously close to exploitation.

Latoya: Word.

AJPlaid: yep.

Arturo: I feel for the guy, I really do, but Savage is making him into some sort of Tiny Tim. We also haven’t heard from any applicants of color who took the test. How do we know none of *them* didn’t work just as hard?

AJPlaid: We don’t–and won’t–know.

Latoya: Man, we need to take this to the streets.

AJPlaid: Perhaps the reporter did talk to PoCs, and the editors took it out.

Latoya: Can we work our networks? Someone reading has got to be in New Haven

AJPlaid: I know Kai Chang lives in CT. Maybe he knows or kept up with the case.

Arturo: I’d have to check my Facebook, but I think I have a contact in CT.

Latoya: Alright, let’s do that then.

AJPlaid: Maybe hop on Twitter and ask, too. Anything else, Madame Editrix?

Latoya: No, you all have been awesome.

AJPlaid: Witticisms, criticisms, etc., etc.?

Arturo: It’s what we do.

Latoya: We can snark at the court after they release a statement. I wonder how often they get heckled.

Arturo: It’s a miracle it doesn’t happen more often.

AJPlaid: I heard Justice Thomas was booed at the Inauguration.

Arturo: Of course, if the SC was based in Philly, it’d be different

Latoya: lol

Arturo: “YOU SUCK, SCALIA! YOU SUCK!”

AJPlaid: LOL

Latoya: LOL, we should go old school. Bring tomatoes.

Arturo: And TP his car!

Latoya: Spray paint his garage

AJPlaid: Not that I’ve done anything like that….mind you.:D

Latoya: lol

Arturo: I’m too new-school. I just defriend evildoers on MySpace.

Latoya: We’ll send Scalia a tweet to get on MySpace. Then we de-friend him.

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Trackbacks & Pings

  1. Racialicious Roundtable on Ricci v. DeStefano « Fatemeh Fakhraie on 16 Apr 2009 at 11:29 am

    [...] against the city. The case is on the Supreme Court’s docket, and in today’s roundtable, we discuss the case, its effects, and have a few laughs. Check it [...]

Comments

  1. Rchoudh wrote:

    First of all thank you for clarifying what the Navajo decision was. I suspected that’s what all the legalese meant but was too lazy to look it all up! With that said, that was indeed a very messed up decision.

    Now about the Firefighter case, it seems like the burden of proof will fall on the Fire Dept. to prove that the tests were unreliable. My question is if the tests were unreliable why weren’t they scrapped earlier? And are there other factors for promotion besides the test (like recommendations, job performance reviews, etc)? If there were could those also be reasons for why some groups got promoted over others? Those other factors I mentioned are more subjective than objective like a test is supposed to be. I don’t deny that tests can be unfairly created and assessed to favor some groups over others. The IQ tests are evidence of that; but I’m wondering if other factors could be looked into to explain why black firefighters haven’t been promoted as much as others.
    Finally I’m wary of the term reverse discrimination because it gives those who have more privilege within society to overlook those privileges they’re already given by society. It’s similar to the ones who decry BET and other all-black multimedia enterprises as being discriminatory against whites.

  2. little mixed girl wrote:

    I don’t think the guy has much of a case.
    If they threw out the tests and then promoted the “unqualified” black firefighters, then he would have something.
    But, I believe that it said that no one has been promoted.

    I saw the Michigan case up there, and as a Michigan person I’m quite disappointed with the undergrad results.

    For whatever reason, the media ignored the fact that the woman that sued:
    #1: got 20 points on the old point scale for being a woman
    (women, minorities and ppl with socioeconomic disadvantages…ie “the poor” were eligible for the 20 points).

    and #2:
    the chick was accepted to Michigan, just not the main campus in Ann Arbor.

    That’s like me suing Target because I wasn’t placed at the Target next to my house like I was hoping for.

  3. Jess wrote:

    This was a really interesting discussion. Latoya, I liked reading it (and would love to see the test involved — please please please post some excerpts if you ever get them).

    I’m big on that because so often people talk about racial bias on these things but it helps a lot if we all can see what it looks like, you know?

    In any case, something else I thought of. Is it possible that some of the bias in testing like this comes from the kinds of self-selection that go with being in law enforcement or public safety?

    Let me put it this way: take black students in many division I colleges. An (unfortunately large) chunk of scholarship students are athletes. If you were an athlete to begin with, then there’s other stuff you probably won’t do well on — I mean, I don’t know many athletes that watch Star Trek, for instance.

    But if you asked the athletes about it, and compared it to the population of white students at school, it would look like the minority kids knew nothing about it when in fact that isn’t necessarily the case — you just ended up with a screwed up sample.

    So I wonder if a similar phenomenon might be happening in law enforcement. The kind of PoC guy (or woman) who wants to be in the profession at all differs in some way from their white counterparts that shows up on tests like this.

    This doesn’t mean the test has no problems. But the issues might run deeper — pointing to a problem in recruiting (or lack thereof).

  4. Amused0472 wrote:

    As a former employment law lawyer, I’m wondering how the case got this far. As a few of you have mentioned, the test was not used for any of the candidates and no one was promoted, so there was no disparate treatment because of race. Usually, employers, particularly in the private sector, are accordeddeference to run their businesses as they see fit, including throwing out tests they don’t feel serve their business interests. I’d be curious to look at the briefs to see if there is some other minutia that made it worthy of the Supreme Court accepting the case for review.

  5. kate wrote:

    thanks for posting, yall. I really enjoyed the discussion.

  6. Abu Sinan wrote:

    I was a firefighter for a couple of years on a military base. I’d really be interested in seeing a exhaustive look taken at that test.

    The pass/fail ratios are really interesting and pose some questions that need to be answered.

    As to promotions, usually the test must be passed and then other criteria are then assesed to see who will be promoted to the number of slots open.

    If you dont pass the test, the rest is moot. The test is the initial hurdle.

  7. Fatemeh wrote:

    “We’ll send Scalia a tweet to get on MySpace. Then we de-friend him.”

    I am so sad that I missed the last half of this convo! Hilarity! :D

  8. Persephone wrote:

    Great discussion!

    Thea, I kind of feel for the guy too, right up to the point where he decides that this is OMG racial injustice. It’s just like college/grad school. Sometimes you stay up all night writing a paper and then the professor decides to give the whole class an extension. Sometimes you do the reading in advance and the professor decides to drop the reading from the syllabus. It sucks, but you don’t complain about it or demand that they change the decision, because sometimes it isn’t all about you, yknow? I feel like Ricci has managed to take “it’s all about ME!” all the way to the Supreme Court. Major *headdesk* going on over here.

  9. Arabi wrote:

    Indirectly, it is racial discrimination because the race was thrown out simply because none of the black firefighters did well on it. In other words, if Ricci was black and had done well on it, then they may not have tossed out the test.
    My question is, in what way would these test be biased? Do they cover general, abstract topics or concrete, day in the life of a firefighter questions? If the latter, perhaps the test were comprehensive, covering all that a firefighter needs to know to be a total, effective civil servant. Perhaps the discrimination lies in the opportunities black FF’s had in acquiring the knowledge and experience necessary to pass such a test. Were they prevented from taking on certain responsibilities etc.
    Another factor would be how “studiable”(made up word) this test is in the sense that, would studying for it improve ones score? If it’s not, then it could be that success on this test is in part rooted in one’s “habitus”.
    If the habitus is the fire fighting world then it might be hard to claim bias but if the habitus is ones “life world” beyond the job then perhaps we can claim bias.

  10. Maus wrote:

    “Incidentally I’ve heard that the majority of the human rights complaints filed to the Ontario Human Rights Commission are filed by straight white male professionals… ”

    Can we get a cite on that? My initial assumption is the conservative martyr-victimization fetish, but I’d like to be proven mistaken :)

  11. Lydia wrote:

    This is really interesting and the first I heard about it. I remember the Michigan case and even got to have a small group discussion with the man who was assistant dean of admissions at the Michigan law school when the woman was suing them. (I always thought it funny that someone would try to sue a school of LAWYERS). Anyway, about this case. I think the fire department made a mistake in throwing out the test scores without seeming to have had them studied for a bias. Based on the pass rates, there does seem to be a bias, but how can you know how to correct it if you don’t know what the bias is? All of this could have been avoided if the fire department had used some common sense and fully explored the test that they were using. I do find it fishy that so far, no one has been able to find a sample of the test. Strange, very strange.

  12. B. Canseco wrote:

    There’s a difference between discrimination and disenfranchisement.

    Discrimination is to tell things apart. Disenfranchisement is to deprive and marginalize a person or group.

    To observe that one firefighter is white and another firefighter is black is not disenfranchising either firefighter. To say that one deserves access to resources, compensation, opportunity, etc. arbitrarily belong to one firefighter over the other based on factors beyond their control such as race/gender with no explaination of the problems this approach is attempting to remedy is disenfranchisement.

    In this case however, the white firefighter isn’t deprived of anything. He’s not being marginalized in anyway. He can still get his pay, his promotion etc. just at a later time. He’s not being threatened, abused, ridiculed or persecuted due to his race/gender or any other non-work related factor.

    Unfortunately none of that matters.

    “Reverse Discrimination” has long been festering in America because non-blacks, specifically whites have been historically fearful of oppressed groups “getting even” for past and present wrongs.

    This is just another example of fear run amok and a justice system unwilling to tell arrogant and entitled whites to just “get over it.”

  13. Slush wrote:

    @ Rchoudh: “Now about the Firefighter case, it seems like the burden of proof will fall on the Fire Dept. to prove that the tests were unreliable.”

    Just to clarify, they should not, in the legalese sense, have the burden of proof. Ricci et al definitely have to prove that they were discriminated against in order to win. The standard model for discrimination cases is that Ricci shows different treatment on the basis of race (which seems hard to do here to begin with, or pretty indirect at least) and then the Fire Department has the opportunity to rebut that and say why they made their decisions, whether based on race, or on a flowed test, or whatever, and the Ricci can try to show that their excuses are bogus. What’s odd here is that Ricci’s initial argument doesn’t seem very explicit at all, but must have something to it if it has gotten all the way to the Supreme Court.

  14. Rchoudh wrote:

    Ok thanks Slush. But can there be times also where a defendant (usually a company being accused of discrimination) has the burden of proof placed upon them? I thought I read about a case like that once in a class I took on Laws and Human Resources.

  15. Erica wrote:

    It’s tough to figure out whether a particular test is discriminatory, especially before anybody’s taken it. But when all the black test takers flunk, that’s a strong sign there’s something wrong with it. And frankly, if there’s some bias, it’s possible that other test takers did artificially well. (That isn’t meant to impugn the skills or intelligence of Ricci et al with that remark; simply to point out that if test has a problem, its results are less useful on a number of levels.)

    I hope, HOPE, that the decision goes the right way, and that the city works on figuring out how to resolve its actual problem. But I’m not very good at being an optimist these days.

  16. Marcia wrote:

    Excellent roundtable. If you’re interested in law prof commentary on the case, you might check out Workplace Prof Blog, where we’ve posted on the case quite a bit: ttp://lawprofessors.typepad.com/laborprof_blog/.

  17. dirkdiggler wrote:

    if it is true that they threw out the test, and didn’t promote anyone, because no african -americans passed, this sounds like actionable discrimination. the fact that no one got promoted doesn’t mean that this action wasn’t race-based. certain people, who were of a certain race, were not provided the benefit that they (under the rules in effect) didn’t obtain simply because individuals of a certain race could not be promoted (i realize that’s a triple negative). if the roles were reversed, and it was african americans who were not promoted because no whites passed the test, no one would argue that this constitutes discrimination. and to say that it’s different because it’s whites who are on the losing end and not poc, it doesn’t change the fact that it’s purely race-based, the very definition of invidious discrimination.

    you cannot demand race-neutral treatment when you are so willing to discriminate against others based on their race. that is hypocrisy. and a dangerous one at that.

  18. Rob Schmidt wrote:

    Some good articles on the Supreme Court’s Navajo decision:

    http://www.indiancountrytoday.com/opinion/43031112.html

    http://www.indiancountrytoday.com/opinion/43030782.html

  19. Rob Schmidt wrote:

    Another good one:

    http://www.indiancountrytoday.com/opinion/42800092.html

  20. Nathan wrote:

    @ Maus

    I don’t have a link or authority or link to hand, but my understanding was that it was a white liberal by the name of Mr Warman who filed most of the Chapter XIII complaints, and he was a bit of a professional.

    Last I heard though, his name was mud with the commissions over a number of dodgy tactics and a slippery approach to honesty.

  21. dirkdiggler wrote:

    some people seem to take it for granted that these types of tests can be biased. sort of like how sats can be “biased.” i have to tell you honestly that i don’t see how these standard tests are biased. i took the sats; in fact, i took more of these types of tests than i’d like to admit; and i didn’t have really great results. but i have never taken a test and said, wow, this was a biased test, culturally or otherwise.

    this was a fireman’s test. do you really think that the test could be biased for or against a particular race? what type of question could that be? okay, you leave scarsdale at 8am, stop by rye on way and pick up 3 friends from the country club, what’s the best route to get to greenwich in time for cocktails? those type of questions?

    one commenter here demanded that the people who came up with the test use their common sense. maybe we all should.

  22. PatrickInBeijing wrote:

    Some history. Not so long ago, there were literacy tests for voters in the South. White voter, spell “cat”. Black voter, spell “antidisestablishmentarianism”. Gee, maybe the tests were biased. Duhhhh.

    Why is there a solely written test for promotion to a job that is largely based on non-written qualities? How can a written test measure leadership, for example?

    The first flaw is the assumption that written tests can solve all of our problems, and are a good way to pick candidates for promotion. (Folks who really think so have been in academia for too long!!)

    More history. I remember when similar suits were filed on behalf of police officers in Massachusetts. Later it turned out that white police officers were leaking test copies to other white police officers, who then, duhhhhh, scored higher. Gee, surprise, surprise.

    I personally (a white male who usually scores pretty well on white male tests) took a civil service test in Virginia one summer to hold a flag on the highway (you know, stop and go, that hard stuff). I failed. Most of the people who passed (other white males) somehow seemed to be politically connected. Strange, eh? (This was hands down the hardest test I have ever taken).

    To hold a flag on the highway (it paid well).

    We use tests because we can’t trust other methods of promotion to be fair. But what if the tests don’t make sense? And what if folks still find ways to game the system? Especially folks who already have the power?

    Just hopefully some food for thought.

  23. Erica wrote:

    @dirkdiggler — Since nobody here knows what’s on a fireman’s advancement exam, including you, the question “do you really think the test could be biased” is pointless. We can’t point out its biases because nobody knows what was on it. I don’t have any idea what the general category of questions would be (leadership? thermodynamics? how to feed a dozen hungry firemen?).

    Using common sense leads us to: when one group does disproportionately poorly on an exam, there is a strong possibility that there was an unintended bias. So the test designers have to look at the questions and circumstances to explore that chance. It’s not up to the test takers who passed to declare that it was perfectly fine and they never saw a problem, that’s the job of whoever gave them the test.

  24. Erica wrote:

    @PatrickInBeijing: …what if folks still find ways to game the system? Especially folks who already have the power?

    That’s another excellent point. (I’d been approaching the bias question from a scientific/engineering standpoint and hadn’t even thought about cheating, because it’s not something that material samples under a stress load typically do to improve their time to fracture.) If there is any nepotism or buddy-network in the mix, things get more complicated and the results are even less useful.

  25. Amused0472 wrote:

    @Rchoudh
    It’s a balancing of burdens. The plaintiff alleges discrimination–I did not get the job because of my race/sex/age/disability. The employer has to give a “legitimate, non-discriminatory reason” as to why it did what it did–You did not get the job because you don’t have a college degree. Then the plaintiff has to show that the employer’s reasoning is “pretext” or bogus–this is usually done by showing that another person of a different race/sex, under age 40, or non-disabled got the job or a similar job even though they had no college degree. Thus, plaintiffs have the ultimate burden and that’s a pretty high legal standard in most cases.

    This case, your getting into disparate impact of a test which is racially neutral on its face. So each side is going to have a parade of experts to say either yes it’s biased or no, it’s not biased.

    I still don’t see how anyone was harmed here because of race–no one is getting promoted. Also, just from a policy standpoint, you want employers to be proactive and get rid of any potentially discriminatory policies.

  26. robyn wrote:

    re LEGALESE

    I find this term troubling as it seems to conflate impenetrable and difficult words and language with ChinESE (or VietnamESE, CantonESE etc). I think it reinforces negative stereotypes of Chinese and by implication other persons of East Asian descent by subtly reminding people just how mysterious the ‘Orientals’ are.

    Maybe Racialicious readers could coin a new phrase instead?

  27. cocolamala wrote:

    jargon, cant or argot will work,

    but the suffix “-ese” has a wider history of use in the english language than references to asia

    there are some examples here.

    that reference says “-ese” indicates wordy, pompous, or obscure language. i think that your objection points to the problematic assumption behind the English names for Chinese and Vietnamese languages more than the use of the suffix in other contexts. it is appropriate to describe some legal language as confusing or obscure.

  28. robyn wrote:

    cocolamala

    I appreciate your response and your alternatives but the examples you linked to just show that this is something that has been going on for a very long time. Officialese or Johnsonese is still just a reference to ChinESE and its unfathomable depths. Im not saying necessarily people are even aware of this when they use the word but just the small connexion again and again reinforces the stereotype. Please, lets have a moratoriam on the use of ‘legalese’!

  29. cocolamala wrote:

    but if the suffix -ese has other usages that are not racially derogatory, instead of cutting off a portion of the english language, why not use the original names of the languages instead?

    like: Mandarin or Wu (I am not a language expert at all here, just going by wikipedia here)

    similar to using the “Mumbai” pronounciation for “Bombay” or saying “Myanmar” instead of “Burma”?

  30. cocolamala wrote:

    what about Colgolese, Senegalese, Sudanese Guyanese, Gabonese, Lebanese, Maltese, Portuguese?

    although, admittedly most of the other place names are from parts of Asia (Bhutanese, Balinese, Burmese, Siamese, Saigonese, Javanese, Ceylonese, Cantonese, Chinese, Taiwanese, etc)

    http://www.sf.airnet.ne.jp/~ts/language/placename.html

  31. Logan wrote:

    To Robyn: The suffix “ese” has been used for a real long time, in some cases pre-dating common contact with Eastern-Asian countries. (examples: Portuguese, Argonese, Genoese) As far as I could figure out doing a little research before I go to bed, the “ese” suffix originates from Latin, meaning “originating in”. And in Asia, it is not as if all, or even most countries, end in -ese (Mongolian, Indonesian, Indian, Korean as quick examples). Now, I’m not sure exactly the reason people from China are called Chinese and not Chinian (other than it just sounds bad and is tough to pronounce), and it is entirely possible that the naming was done with a slandering intent involved, although I don’t believe it considering only a small fraction of the countries in Asia got the -ese suffix. But even if that were the case, it is still a large step to say that the ese suffix in and of itself holds racial intent or meaning behind it, or that terms with the “ese” suffix ought to be abolished due to this.

    On the tests: I’d actually be interested in seeing the tests to see how they were worded, or what the issues might be with the tests. Obviously something had to be up with the scores as disparate as they were, but I’m not sure what the fault in the tests was, if it was poorly worded questions or as others mentioned, leaked results to certain people or other illicit acts which skewed the scores.

  32. dirkdiggler wrote:

    @ erica:

    why would there be a “strong possibility” of bias? disproportionate impact does not necessarily correlate with discrimination or bias, and it certainly doesn’t imply a “strong possibility” of such bias. why couldn’t it be equally “strongly possible” that this group of potential firemen simply were unprepared to pass the test? perhaps it’s probable that giving this same test to a different group, which included the same proportion of african-americans, would have different results, where a significant percentage of african-americans would pass.

    of course i didn’t take the test, but my question still stands, how could a test to determine one’s capacity to be a fireman be biased against a particular race, intended or otherwise? what would those questions look like? i would actually like to be educated on this point, because i can’t see it right now.

  33. Rchoudh wrote:

    @ Amused0472

    Ok thank you for the clarification. So the burden of prook always goes back to the plaintiff claiming discrimination then? No wonder individuals are reluctant to take these cases to court…

    @robyn

    I sincerely have no idea where the term “legalese” originated from and why. I guess I could use other terms to describe legal language in case my use of the above term can really sound offensive to some. I’ll stick to using legal mumbo jumbo then:)

  34. Rchoudh wrote:

    proof not prook :)

  35. Latoya Peterson wrote:

    @dirkdiggler –

    If you really wanted to know, you would have read the Scotus Wiki I linked to.

    In order to understand the argument for the test being biased, I would recommend you read:

    1. The National Women’s Law Center brief, which talked about how supposedly neutral exams have been proven to produce a bias against women (They specifically look at firefighting and how tests are given and subsequently revised)

    2. The Brief filed by the Organizational-Industrial Psychologists who evaluate these kinds of tests for a living and are accustomed to determining if a bias exists (spoiler – they noted that most of these tests didn’t have anything to do with the day to day skills needed as a firefighter)

    3. The brief filed by Maryland and other states which takes the analysis a step further and argues about the issues involved with allowing a test score to become a guarantee of employment/promotion

    You could also do a search on the EEOC’s Four-Fifths rule, which is what the City based their rationale on and pay special attention to why that rule exists.

  36. dirkdiggler wrote:

    @lp

    thanks, i’ll take a look at them. but i am familiar with #2, and while that posited that there were some questions on those tests that did not have a direct correlation to the daily skills to be a firefighter, and there were some questions that were inartfully drafted, that’s a far cry from concluding that any particular test or question was biased against a certain race.

    i’ll take a look at the others.

  37. Molly wrote:

    When Patricia J. Williams was on Bill Moyers show a couple of months ago she remarked, rather ominously, that we should expect to see a rollback of civil rights legislation in the near term–something like “the courts are already clogged up with these cases” i.e. there’s a whole lot of stuff coming down the pike (note SCOTUS will also be hearing a challenge to the Voting Rights Act this month). Given Chief Justice Roberts’ hostility to race-based remedies, “the best way to stop discriminating on the basis of race, is to stop discriminating on the basis of race,” and the cue we can take from the Court’s decision to even hear this case in the first place, it seems safe to say that a ruling in favor of Ricci is highly likely. Can any attorneys that post here speak to the likely impact on public and private employment practices? I assume a ruling in favor of Ricci would have far reaching consequences in both spheres.

  38. Molly wrote:

    To follow up, this from today’s NYT is very alarming. On the article’s second page, the head of Clinton’s Civil Rights Commission talks about a possible “sea change” in the judiciary’s role in protecting the civil rights of minorities.

    http://www.nytimes.com/aponline/2009/04/18/us/AP-Scotus-Firefighters-Lawsuit.html?_r=1

    “Besides affecting how race can be considered in filling government and perhaps even private jobs, the dispute also addresses broader questions about racial progress: Do minorities and women still need legal protection from discrimination, or do the monumental civil rights laws that created a more equal nation now cause more harm than good?”

  39. Carol wrote:

    Has it been mentioned at all that one of the firefighters who passed was Latino?
    I feel alot of ambivalence about this story, honestly. The problem with things like affirmative action (or similar situations like this) is that it invites alot of moral hazard on the part of the “protected”, meaning “I can slack on my studies because I know that I will get in based on my minority status.”

    My father was a physics professor who always resented other minorities (in his case other Latinos) who never studied enough and then who claim “racism!” at every turn. I think something he would always say comes to mind: “Show me the cultural bias in a math problem.” The answer to that is: there is none. You didn’t care to study enough.

  40. Molly wrote:

    @Carol

    Well, yes, it has been mentioned. If you scroll up you will see Latoya links to a brief the International Association of Hispanic Firefighters filed on behalf of the respondent.

    From the brief:

    “In 2003, the City of New Haven, Connecticut, administered written and oral promotional examinations for its fire department. Seventy-seven applicants took the lieutenant ex-
    amination, of whom 34 passed, and 41 applicants took the captain examination, of whom 22 passed. On the lieutenant examination, the pass rate for His-
    panic applicants was 34% of the pass rate for white applicants; for African-American applicants, the pass rate was 52% of that of white applicants. On the captain examination, the pass rate for both Hispanic and African-
    American applicants was 59% of the pass rate for white applicants.

  41. PatrickInBeijing wrote:

    A couple of other points about testing. Originally, testing was seen as a means of providing a more level playing field (as opposed to me picking my cousin, because, well, you know).

    But several things happened. People began to look closer at who was preparing the tests. People began to look at gaming the system, and wondered if we are indeed creating a level playing field. Mostly, it seems we are not.

    SATs are a good example. It has been demonstrated that good expensive SAT prep courses will raise a persons scores. Since they are not available to everyone, they let those who have the money get a jump start on those who don’t. Race clearly figures into who does and doesn’t have the money. So, there is a pro-white bias (overall) in tests like the SAT.

    What is the relevance of any particular test to the real life abilities needed to do a job? Does the test help level the playing field, or is it another obstacle to leveling the field?

    Looking at the results of this particular test, they seem so extreme as to be clearly indicative of bias to me. I suspect the people on the Supreme Court may not see it that way.

    They make me afraid.

  42. robyn wrote:

    RChoud

    Sorry, but mumbo jumbo is the same thing but target Africans instead :( It is a slight on the way Whites percieved Black rituals and customs in the days of slavery. Again its probably unconciously done alot of the time but its little things like this that add up and result in the pervasiveness of casual negative stereotyping of Persons of Color.

    Mod Note – Okay, Robyn, this has gone on far enough. You made your point, but this thread is about the Ricci case, not etymology. Any further comments in this vein are derailing and will be deleted. – LDP

  43. Don Whitson wrote:

    Bottom line. You pass the test, you get promoted, you don’t pass the test, you don’t get promoted. The test should not be abandoned, or dummy downed, but the test takers need test taking skills, and content knowledge improvement. Both things the city and test takers could work on together.

  44. cocolamala wrote:

    so is the case supposed to go before the supreme court today?

    i definitely heard my local morning radio “shock jock” mischaracterize this case this morning. saying “black firefighters with lower scores got promoted…” he argued the whole segment with a misstated premise, mis-educating listeners all over the city. :/

  45. Rosario wrote:

    My impression of this US Supreme Court is that it will decide the case based on the facts of the particular issues before it — don’t expect this court to make decisions that will impact many cases. I have to add, however, that I am very impressed with this blog and the analyses provided.

  46. Heatmizer wrote:

    I have been a firefighter for over 10 tears. I also have friends and family that span a wide variety of racial and cultural backgrounds. In fact, among my family we have represented….african american, hispanic, and asian family members although the majority of our family is white. I also have among my very closest friends people of various races and cultures. I am well aware that discrimination is still alive in America but great strides have been made to overcome this tragedy. However, to discriminate in reverse is only taking us back in history and not moving us forward. If we spent more time and money on educating people vs. creating a crutch for people we would see more progress. I also believe that we are mixing race and socioeconomic issues in one basket. There are white children in poor school districts that would also struggle to pass most tests. I also know from experience that if the test was based on fire knowledge that it is unlikely it was bias. What happens in alot of cases is, people in general assume because the test is over fire related material that they don’t need to study that hard.You can go to any firehouse in America and find guys who can get by day to day but if you asked them what size nozzle they have on the truck and how many gallons it can flow they would give you a blank look. This is just lazziness and I see it all the time. This is not a race problem this is a motivation problem. I have watched firefighters sitting in front of the TV while their own guys were out in the bay training. Regardless if you are white or black, if you do not take your own initiative to train you are unlikely to do well when it comes time for promotion. Most guys in a short time try to make up for years of lost time and they start getting serious about training once a promotional test is posted. The guys who have been taking the time to train and read articles related to their field only have to reinforce what they have been doing already, meanwhile those who have not been as dedicated are playing catch up. In response to the post by Fetemah…it is not necessarily true that if the test were unbias that the black candidates would have scored as well as the white candidates. If the test was based on fire related material everyone would have the same advantage and it would come down to motivation. I am sure that many white candidates dropped the ball thinking I dont need to study and they were not among the top scorers either. I also believe only a small % of black firefighters took the test. 77 candidates took the test but only 19 of the candidates were black. The question we should ask is how many white males failed the test as well. I don’t believe black males were the only ones that did not pass the test. I also believe if the situation had been reveresed and only black males had passed, any attempt to drop the test would have had the NAACP, Al Sharpton, Jessie Jackson and an army of black leaders in a mass rage. Nobody is going to give a white player a position in the NBA if he is not as athletic as an African American player, so what is the difference? Just food for thought!

  47. kaelic wrote:

    I am disappointed with the attitudes expressed in this blog by people who do not understand public safety. As a white male who works in EMS closely with people of all races, it is very sad to see “forced” diversification. If someone is not well qualified for a job, giving it to them because of their race is absurd. The mistakes of the doctoral level blacks being pushed through despite substandard academic merit was just that … an enormous mistake and an insult to blacks everywhere who are equally intelligent and deserve the ability to become productive members of societies upper educated through hard work (like whites get it … last time I checked no one handed me or anyone in my family a doctorate). Give the jobs based on merit, not on the fact no blacks passed the test. The last thing any fire department needs is an underachiever being pushed into a position where his decisions on the fireground or scene could cost someone their LIFE. It’s just not worth it in the name of “racial diversity in the workplace”. Let the merit’s of each individual speak for themselves.

  48. Anonymous wrote:

    “It is a slight on the way Whites percieved Black rituals and customs in the days of slavery.”

    And what are the “Black rituals and customs” for saving burning buildings?

    Oh right, Blacks never even discovered fire to begin with. Well then we have no right to demand any understanding of fire science from them. Just let them do a rain dance.