Racialicious Responds to the Firefighter Reverse Discrimination Case

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.

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