DEJA VUE! THE supreme court does it again!

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PlasmaBomb

Lifer
Nov 19, 2004
11,636
2
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Originally posted by: ric1287
Originally posted by: PlasmaBomb
Originally posted by: waggy
The city rejected the test results solely because the higher scoring candidates were white," wrote Justice Anthony Kennedy for the majority. "Fear of litigation alone cannot justify an employer's reliance on race to the detriment of individuals who passed the examinations and qualified for promotions."

In a dissent read from the bench, Justice Ruth Bader Ginsburg questioned the fairness of the test, which was 60 percent written and 40 percent oral.

"Relying so heavily on pencil-and-paper exams to select firefighters is a dubious practice," Ginsburg said, calling the majority ruling "troubling."

Wouldn't it be the case that more senior members of the fire department (lieutenants and captains), would have to do more paperwork... therefore having a written exam is justified, is it not?

Its searching for any excuse they can come up with to reason why no black/latino men took/passed the test. But as a result, implies that those men are stupid because they cannot pass written exams.

The ironing is delicious...
 

runzwithsizorz

Diamond Member
Jan 24, 2002
3,497
14
76
" The city said that under a federal civil rights law known as Title VII, employers must ban actions such as promotion tests that would have a "disparate impact" on a* protected class, *such as a specified race or gender."

Are you on the, "protected class" list? Alas, as a nondescript, lowly human being, I did not make the cut.












 

eLiu

Diamond Member
Jun 4, 2001
6,407
1
0
Originally posted by: PlasmaBomb
Originally posted by: waggy
The city rejected the test results solely because the higher scoring candidates were white," wrote Justice Anthony Kennedy for the majority. "Fear of litigation alone cannot justify an employer's reliance on race to the detriment of individuals who passed the examinations and qualified for promotions."

In a dissent read from the bench, Justice Ruth Bader Ginsburg questioned the fairness of the test, which was 60 percent written and 40 percent oral.

"Relying so heavily on pencil-and-paper exams to select firefighters is a dubious practice," Ginsburg said, calling the majority ruling "troubling."

Wouldn't it be the case that more senior members of the fire department (lieutenants and captains), would have to do more paperwork... therefore having a written exam is justified, is it not?

I don't see what that has to do with anything. If the city tossed the results b/c they decided the test didn't adequately evaluate any candidates, then fine. I'm thinking Ginsburg's statement is taken out of context here, lol.
 

alrocky

Golden Member
Jan 22, 2001
1,771
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From the Orange Country Register - CA

Monday's decision has its origins in New Haven's need to fill vacancies for lieutenants and captains in its fire department. It hired an outside firm to design a test, which was given to 77 candidates for lieutenant and 41 candidates for captain.

Fifty six firefighters passed the exams, including 41 whites, 22 blacks and 18 Hispanics. But of those, only 17 whites and two Hispanics could expect promotion.

Although the math looks funny, 22 blacks and 18 Hispanics passing does not seem to invalidate the test.
 
Apr 17, 2003
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Originally posted by: OCguy
Originally posted by: her209
Originally posted by: JeffreyLebowski
I think the ruling in this case should put doubt in those that are supporting Sotamayjor as it proves that her view point is not in touch with the Constitution.
Are you saying that 4 of the sitting SC Justices are not in touch with the Constitution?

Yes. And the ruling backs that up.

Yes, because this court has never ruled 5-4 before. It has nothing to do with being "out of touch" with the constitution.
 

frostedflakes

Diamond Member
Mar 1, 2005
7,925
1
81
Originally posted by: CRXican
Originally posted by: sao123
if 10 guys take the test, 5 pass and 5 fail... then 5 guys get the raise.
dont matter if the 5 passwers were all white.

hire the best man for the job regardless of race or color.
race quotas piss me off.
that pretty much nails it
Yeah, I guess I still don't really understand "disparate impact." Throwing out a test simply because not enough minority firefighters made the cut is just ridiculous IMO. Now if the city can make a good case for the test being unfair to minorities in some way then by all means throw it out, but just because certain groups didn't score as well doesn't necessarily mean the test favored white firefighters.

And actually SunSamurai, in this case I believe the promotions were based solely on the test. That was one of the big contentions about the promotion, people thought that it should be determined by other factors (performance on the job, stuff like that), not just oral and written exams.