Quote:Second Circuit: race-conscious discarding of test results OK

The city of New Haven, Connecticut, went to great lengths to devise a firefighter test that would not have "disparate impact" on minority applicants, but when the results of the 2003 test-taking came in, applying the city's "Rule of Three" which required selection from among the highest scorers, "no blacks and at most two Hispanics would have been eligible for promotion to captain and no blacks or Hispanics would have been eligible to make lieutenant". So the city civil service board vacated the results, frankly acknowledging that it was in search of better minority hiring numbers. White applicants sued and were thrown out of court by District Judge Janet Bond Atherton, who was upheld by a Second Circuit panel. Now a sharply split full circuit has refused en banc rehearing, with Judge Cabranes for the dissenters formulating the core question: "May a municipal employer disregard the results of a qualifying examination, which was carefully constructed to ensure race-neutrality, on the ground that the results of that examination yielded too many qualified applicants of one race and not enough of another?" (New York Law Journal).

The publication yesterday includes two concurring opinions (by Parker and Katzmann) as well as the one dissenting (Cabranes). Our spies tell us that other opinions in the case, not yet published, are likely to be of interest too.

http://www.pointoflaw.com/archives/2008/...ious-d.php

Hate to live there and have my house catch on fire.

Captains and Lieutenants don't normally fight the fire, they create the budget, allocate the resources, assign the resources, etc.

[minorities]We demand equal rights!!!!!

But only on certain stuff. If we get an advantage, it's ok.[/minorities]


Now, it is time to pick the response....

1. Well, it makes up for 200 years of oppression by the white man.

2. What do you expect? The white man made the test. Of course it is going to discriminate against us.

3. No Habla Ingles!


Why the hell is race even noted on the test? Who cares? Pick the most qualified candidate. If one or more races is excluded, so be it. I don't hear anyone bitching that whites are under represented in the NBA, which is funny because you do hear that blacks are under represented in baseball.

This is PC lunacy. It's Affirmative Action taken waaaay beyond the next level. Like Blah said, you don't hear about over representation of minorities in sports - - -except when they're screaming there's not enough minority coaches and managers.

Out here in So California the LA police dept and city council want to devise a test that would allow women to be on the SWAT team. As it stands right now part of the requirement of being a SWAT officer is being strong enough to carry to safety the heaviest SWAT officer in case he got wounded - makes perfect sense to me but it's something almost zero women can actually do. But the council and police want to relax the requirement standards in order to make being a SWAT officer easier for women. The council will either loosen the standards so much that the SWAT team will be essentially be ineffective or women will have to start taking steroids and end up looking like members of the German female olympic swimming team

smn1256 Wrote:This is PC lunacy. It's Affirmative Action taken waaaay beyond the next level. Like Blah said, you don't hear about over representation of minorities in sports - - -except when they're screaming there's not enough minority coaches and managers.

Out here in So California the LA police dept and city council want to devise a test that would allow women to be on the SWAT team. As it stands right now part of the requirement of being a SWAT officer is being strong enough to carry to safety the heaviest SWAT officer in case he got wounded - makes perfect sense to me but it's something almost zero women can actually do. But the council and police want to relax the requirement standards in order to make being a SWAT officer easier for women. The council will either loosen the standards so much that the SWAT team will be essentially be ineffective or women will have to start taking steroids and end up looking like members of the German female olympic swimming team

I advocate "all female swat teams":lmfao:

Hey, if an African American male is the presumptive nominee for President, it can be argued that Affirmative Action (in all its many forms) has reached its objective......

So why do we need it anymore????

WMD Owl Wrote:Hey, if an African American male is the presumptive nominee for President, it can be argued that Affirmative Action (in all its many forms) has reached its objective......

So why do we need it anymore????

For the same reasons there are groups out there who want reparations paid to the descendants of slaves - it's politically correct and the bleeding hearts eat it up.

Anyway, we don't Affirmative Action. But now that I've said it the likes of Al Sharpton, Jesse Jackson, NCAACP, and a bunch of other left wingers will label me a racist.

smn1256 Wrote:Anyway, we don't Affirmative Action. But now that I've said it the likes of Al Sharpton, Jesse Jackson, NCAACP, and a bunch of other left wingers will label me a racist.

Race-baiting, it's big business.

http://www.foxnews.com/story/0,2933,367190,00.html

I'm a left winger and I think this is ignorant. The most qualified people should have advanced regardless of race.

I'm a social liberal and this is just utter stupidity.

Tommyboy Wrote:I'm a social liberal and this is just utter stupidity.

Agreed.