Second Circuit: race-conscious discarding of test results OK

Point of Law.com ^ | 6-13-2008 | Walter Olson

[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.

[kabar]

This problem will take care of itself. Today, half of the children under five are minorities [as classified by the USG]. And by 2050, non-Hispanic whites will be 47% of the population, i.e., a minority just like everyone else. Problem solved.

[muawiyah]

Hannah Arendt - "the banality of evil"; Sholzenetsyn - "25 years? That's the penalty for nothing at all."

It will be much worse here since so few are guilty of anything. Michelle is already dripping saliva anticipating the search for the guilty people who made her so terribly unhappy.

[manc]

a guy I worked with in Boston a few years ago took the civil test to become a fireman.

He never got the job because they told him that the black guyn who got less in his test would get the job as they wanted more minorities

He sued

Not sure what the outcome was as I moved south since, anyone ever heard about this case, it was him and another white guy who sued.

Also when they say they want more minorities then if a city has only 6% of blacks why are they getting 15 and 20% of the jobs.

This affirmative action is the most blatent racist programme I have ever known and the liberals encourage this racism

disgusting.

Anyone???????????????

Can this programme be took to the supreme court and be got rid of?????????????

If so why has it not been done, even gingsburg(sp) can see how racist it is

and with now a half black man and a black woman running for the white house then surely this shows affirmative action is not needed

[manc]

my wife is working with some blacks right now as I type, ‘she came home yesterday and said that they are complete idiots, they have no idea on what they are doing and they are in charge of her group.

what ever happened to the best person for the job, not get the simpleton and make him in charge.

How do I tell my children that you do good in school , etc etc but if you apply for that dream job you have worked hard for you cannot have it as the idiot with no knowledge will get the job because they like to see a black face