Skip to comments.Second Circuit: race-conscious discarding of test results OK
Posted on 06/15/2008 12:26:35 PM PDT by stan_sipple
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.
To put it mildly, this is absolute crap. They’re completely discriminating by race, and they know it. The advantage to having a “diverse” unit? Somebody? There must be one....
Unfortunately and to our detriment, we are currently headed in the opposite direction. Race-based remedies are poisonous and ultimately debilitating to those they purport to help. That liberals still fail to understand this fact is a result of ignoring evidence in favor of feelings, wherein innocent people are made to pay the price for their misplaced guilt.
Apparently, the city was pretty open and direct about it in court. They took the position that racial discrimination does not violate the constitution -- if whites are the victims. Their position has now been upheld in court.
I guess some pigs are more equal than others.
Sucks being forced to sit at the back of the equality bus.
As I recall, the Kelo decision established the precedent that the US Constitution is null and void in the State of Connecticut. The courts are merely following a precedent affirmed by the US Supreme Court.
< cynicism /off >
It just gets worse and worse.
If you don't like the results, just keep counting the ballots until you do.” (Bush-Gore 2000, WA State governor's race 2004)
If you don't like the outcome of the primaries, just change the rules after they have started. (Obama-Clinton 2008)
If you don't like the results of the job testing, just throw the examination out. (New Haven, Connecticut 2008)
Seems the Democratic party is getting tired of the democratic process.
They understand. The results are exactly what they intended. Do not underestimate their malice.
Never attribute to malice that which can be adequately explained by stupidity. Or, as in this case: by vanity. Some liberals who reflexively support affirmative actions are undoubtedly malicious in their need to "hurt" The Man (a/k/a "Mighty Whitey"). But I believe that is just another expression of solipsism, or if you prefer, extreme self-involvement. It makes them feel good about themselves because they are so wonderful and caring and decent, unlike those mean, nasty, awful Rethuglicans. Excuse me for being blunt about it, but it is a form of social masturbation in which self-gratification takes precedence over the need for reflection, much less modesty.
Discrimination against White males is very common in government jobs. It is illegal and unconstitutional. Apparently we now have the courts which have decided to throw away the constitution.
and dangerous, I want the very best firemen saving my butt from a fire, black, white, brown etc
Imagine the judges a President Obama would appoint—and the decisions they would hand down.
“.... new boss same as the old boss....” (music to follow).
I would put it past his aunt (or grandmother) in Kenya to also be of that persuasion.
Guy just can't think outside the box. In reality an Obama administration would be both corrupt and boring.
“The advantage to having a diverse unit? Somebody? There must be one....”
Extrapolate out included all public/private biz and you delay a race war.
Corrup, boring, and terrifying--i.e. stalinist.
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