Forgetting about race for the moment, consider what would happen if an employer said performance on a test designed by the employer would be the basis for promotion, and then reneged on the promotion. He’d be sued, regardless of what the reason was. It ought to be a no-brainer without race, and racial discrimination, whether in the forward or the reverse direction, makes it worse.
Right, and I think one thing that may be forgotten in all this contention is the SAFETY OF THE PUBLIC. Being a firefighter today involves some very important basic knowledge of chemicals, signs of arson, draft movement, prevention, safety and rescue, etc. I always ask supporters of affirmative action how they’d like to have surgery conducted by a doctor who was unqualified for medical school and who was “pushed” through to meet certain political quotas. I’ve not yet heard a sensible answer.