The court is not determining the FDNY needs. They are making sure the civil rights of the parties are protected. Moreover, the judge does not sit at the bench and take the test to determine the propriety of the material, he relies on experts, administrative bodies, Special Masters and the like who provide their opinion to assist the judge in making a decision. I cited a situation which took place in the 1970's in an earlier post for reference.
fortunately, the judge (as well as the EEOC) already evaluated the test and found it inappropriate as a basis to include/exclude FD candidates
don't recall you taking this same position when the supreme court ruled the other way:
Court Rules For White Firefighters in Affirmative Action Case
:lol:
I'm gonna go with B.
So? We have to dumb down professions in the name of "Equality"??? Im sorry, I don't want some idiot doing my taxes because the requirements for him to get his job was dumbed down so he could get the job because he is black and.... STATISTICALLY blacks achieve lower academically. I don't give a rats ass what your race is, if you were able to meet the standards, you can get the job. Lets not dumb down professions because we need to "be fair" and we make ASSumptions of ones ability based on their race.we see that black and hispanics achieve academically at far less rates than their demographic representation
And if that were the case, they would have been excluded wrongly on the basis of failing the test, whether they be white, black, or hispanic.so, it would not be surprising to learn that hispanic and black applicants failed the test in greater percentages than did whites (or that asians passed the test in greater percentages than whites)
but when looking at the exam being used, the EEOC and the federal court found that the test was not an accurate gauge of candidacy. thus, excluding those who failed the test may have excluded them wrongly
the test can certainly be constructed with a biasSo? We have to dumb down professions in the name of "Equality"??? Im sorry, I don't want some idiot doing my taxes because the requirements for him to get his job was dumbed down so he could get the job because he is black and.... STATISTICALLY blacks achieve lower academically. I don't give a rats ass what your race is, if you were able to meet the standards, you can get the job. Lets not dumb down professions because we need to "be fair" and we make ASSumptions of ones ability based on their race.
And if that were the case, they would have been excluded wrongly on the basis of failing the test, whether they be white, black, or hispanic.
Simply put, a test can not be racist.
For us to say that The test was too hard, and thats why we weren't getting blacks or hispanics, is to make an assumption of the capabilities of another person based upon their race.
I would be pissed off if I were as intellectually capable as I am and I happened to be a black person and people were making the assumption that I am dumb due to my race.
The assumptions made by supporters of Affirmative Action sicken me.
Sure they are. They're determining that the questions, which look pretty relevant to me, aren't related to being a firefighter, when FDNY says they are. Further, they're ruling based on the idea that the things covered in the test should or could be handled in on-the-job training and thus have no need to be on the test.
This is not an area for a court decide, no matter how many "experts" testify. This goes well beyond mere "discriminatory" practices. This gets inside the very training program itself.
New York City did not meet it's burden. The City had an opportunity to demonstrate that they "the process of designing employment examinations is complex, requiring consultation with experts and careful consideration of accepted testing standards. As discussed below, these requirements are reflected in federal regulations and existing Second Circuit precedent. This legal authority sets forth a simple principle: municipalities must take adequate measures to ensure that their civil service examinations reliably test the relevant knowledge, skills and abilities that will determine which applicants will best perform their specific public duties."
According to the judge, "the City did not take sufficient measures to ensure that better performers on its examinations would actually be better firefighters." The judge further states, I am aware that the use of multiple-choice examinations is typically intended to apply objective standards to employment decisions. Similarly, I recognize that it is natural to assume that the best performers on an employment test must be the best people for the job. But, the significance of these principles is undermined when an examination is not fair. As Congress recognized in enacting Title VII, when an employment test is not adequately related to the job for which it tests—and when the test adversely affects minority groups—we may not fall back on the notion that better test takers make better employees."
"the City did not take sufficient measures to ensure that better performers on its examinations would actually be better firefighters."
That is the most ignorant example I have ever seen.the test can certainly be constructed with a bias
answer this question
in the black community, which flavor of soda is preferred
orange
grape
strawberry
cola
lemon-lime
colt 45 malt
let us know your answer
So this district judge thinks blacks and latinos are dumber than white people.
That is the most ignorant example I have ever seen.
I'm talking about a test for eligibility for employment with a fire department, police department, etc.
I'm not talking about an ignorant on the spot racial stereotype question type of bull**** test.
Edit to add: By the way, thanks for ignoring everything else I said in my post.
So this district judge thinks blacks and latinos are dumber than white people.
And so now they're ordered to hire 293 black and Latino applicants.
Doesn't forcing them to hire specific races make it racist? This seems to be discriminating against white, asian, middle eastern, and native american applicants.
So this district judge thinks blacks and latinos are dumber than white people.
This is what things like this all boils down to. Some judge believing that minorities simply can not get along in life without his help.
no, that's not what the judge thinks.
:doh
Please explain how that is not what he is saying?
Please explain how that is not what he is saying?
insinuating that the judge thinks blacks & Hispanics are simply dumb, is a pretty stupid thing to say.
he believes that a de-facto & gentlemen's agreemant system is in place that discriminates against them, in favor of white applicants.
Not to mention, someone had to bring this before the judge... judges don't go out yanking people into court to fit their own social agenda.
So, prior to some judge believing that minorities simply can not get along in life without his help....
Some minorities believed that they simply could not get along in life without the government's help.
Imagine that......
In the age of, "THE GOVERNMENT WILL HELP YOU!" style of thinking.
So they do this with a test?