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City must hire 111 bypassed black firefighter candidates, court rules
Chicago Sun-Times ^ | May 13, 2011 | Fran Spielman

Posted on 05/13/2011 1:01:49 PM PDT by Free ThinkerNY

The Chicago Fire Department must hire 111 bypassed black firefighter candidates — and distribute “tens of millions of dollars” in damages to 6,000 others who will never get that chance — a federal appeals court ruled Friday, upholding a landmark ruling.

Last year, the U.S. Supreme Court ruled, in a 9-to-0 decision, that, contrary to the city’s contention, African-American candidates hadn’t waited too long before filing a lawsuit that accused the city of discriminating against them for the way it handled a 1995 firefighter’s entrance exam.

On Friday, the Seventh U.S. Circuit Court of Appeals affirmed that ruling and sent the case back to the trial court to implement what it called the “hiring remedy” the city has been stalling.

Plaintiffs’ attorney Joshua Karsh said the decision means Chicago must hire 111 African-American firefighters and adjust their pensions as if they had been on the job since 1995. Six-thousand others will share “tens of millions of dollars” in damages, Karsh said.

“We won last June 9-to-0, which is unusual in a civil rights case,” Karsh said. “We then had the city raise a dispute on what the Supreme Court’s opinion means. The Seventh Circuit agreed with us that hiring must now take place.

“The city gave a test back in 1995 that did not measure the abillity to be a firefighter. It made it more than six times more likely that white applicants would be hired rather than African-Americans with no job-related justification. Nothing about getting a high score on that test predicted anything about whether you’d be a superior firefighter.”

When results from the 1995 entrance exam were disappointing for minorities, the city established a cutoff score of 89 and hired randomly from the top 1,800 “well-qualified” candidates.

(Excerpt) Read more at suntimes.com ...


TOPICS: News/Current Events
KEYWORDS: affirmativeaction; blackfirefighters; chicago; fireinsurance; quotas; quotes; racism

1 posted on 05/13/2011 1:01:54 PM PDT by Free ThinkerNY
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To: Free ThinkerNY

WTF????????


2 posted on 05/13/2011 1:03:24 PM PDT by raygunfan
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To: Free ThinkerNY
The can't pass the test because they can't read.

Simple as that.

So now we get to have fire captains who can't read.

3 posted on 05/13/2011 1:03:32 PM PDT by E. Pluribus Unum (Islamophobia: The fear of offending Muslims because they are prone to violence.)
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To: Free ThinkerNY

Did anyone expect anything different from Chicago? Now they will have fire fighters that don’t know one end of a fire hose from the other.


4 posted on 05/13/2011 1:09:52 PM PDT by RC2
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To: Free ThinkerNY

With the help of a good attorney, one could file a claim that he wanted to be a Chicago firefighter and do some farming on his off duty days. Double dip!


5 posted on 05/13/2011 1:18:38 PM PDT by Kahuna
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To: Free ThinkerNY

Two decades later, Congress codified the requirements of the “disparate impact” claims Griggs had recognized. Pub. L. 102–166, §105, 105 Stat. 1074, 42 U. S. C. §2000e–2(k). That provision states:

“(1)(A) An unlawful employment practice based on disparate impact is established under this subchapter only if—

“(i) a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity … .”

Thus, a plaintiff establishes a prima facie disparate-impact claim by showing that the employer “ uses a particular employment practice that causes a disparate impact” on one of the prohibited bases. Ibid. (emphasis added). See Ricci v. DeStefano , 557 U. S. ___, ___ (2009) (slip op., at 18).

Petitioners’ claim satisfies that requirement. Title VII does not define “employment practice,” but we think it clear that the term encompasses the conduct of which petitioners complain: the exclusion of passing applicants who scored below 89 (until the supply of scores 89 or above was exhausted) when selecting those who would advance. The City “use[d]” that practice in each round of selection. Although the City had adopted the eligibility list (embodying the score cutoffs) earlier and announced its intention to draw from that list, it made use of the practice of excluding those who scored 88 or below each time it filled a new class of firefighters. Petitioners alleged that this exclusion caused a disparate impact. Whether they adequately proved that is not before us. What matters is that their allegations, based on the City’s actual implementation of its policy, stated a cognizable claim.”

http://www.law.cornell.edu/supct/html/08-974.ZO.html

The problem is that Congress defined a violation if there was disparate impact in a way that prohibited what Chicago did. As the Court noted:

“(c) The City and its amici warn that this reading will result in a host of practical problems for employers and employees alike. The Court, however, must give effect to the law Congress enacted, not assess the consequences of each approach and adopt the one that produces the least mischief. Pp. 10–11.”

The Court did NOT find discrimination occurred. It found that under the law, disparate impact had occurred, and it wasn’t the Court’s role to decide if that disparate impact was caused by good policy.


6 posted on 05/13/2011 1:21:31 PM PDT by Mr Rogers (Poor history is better than good fiction, and anything with lots of horses is better still)
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To: Free ThinkerNY

To quote M. Savage, “The stench from the bench is making me clench.”


7 posted on 05/13/2011 1:24:34 PM PDT by Freedom_Is_Not_Free (Don't confuse Obama's evil for incompetence.)
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To: Free ThinkerNY
Chicago must hire 111 African-American firefighters and adjust their pensions as if they had been on the job since 1995

Wow, these guys who have never worked a day as firefighters are vested and close to retirement now. Wheeee! Free money!

8 posted on 05/13/2011 1:31:29 PM PDT by lonevoice (Where the Welfare State is on the march, the Police State is not far behind)
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To: Free ThinkerNY

C o r r u p t i o n


9 posted on 05/13/2011 1:34:01 PM PDT by Vision ("Did I not say to you that if you would believe, you would see the glory of God?" John 11:40)
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DONATE



10 posted on 05/13/2011 1:36:39 PM PDT by TheOldLady
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To: Free ThinkerNY

Handy Johnson stands outside of the fire house at 40th & Dearborn.

Handy Johnson. LOL! I wonder what he's going to do all day when he doesn't have to work?

11 posted on 05/13/2011 1:38:59 PM PDT by dead (I've got my eye out for Mullah Omar.)
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To: Free ThinkerNY

Reparations(wealth redistribution) like “Ole Man River” “just keeps rollin along.”


12 posted on 05/13/2011 1:42:11 PM PDT by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: E. Pluribus Unum

poor poor whitey...wished they could counter-sue.


13 posted on 05/13/2011 1:44:04 PM PDT by max americana (.)
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To: max americana

Eric “My People” Holder: Racism, Inc.


14 posted on 05/13/2011 1:45:30 PM PDT by E. Pluribus Unum (Islamophobia: The fear of offending Muslims because they are prone to violence.)
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To: Free ThinkerNY; All

We need to cross-reference the list of 6,000 or so who will also receive damages against the list of the 50,000 “black farmers” who got money from Uncle Sap...wanna bet they’ll be more than a few double dippers?


15 posted on 05/13/2011 1:51:44 PM PDT by ken5050 (Save the Earth..It's the only planet with chocolate!!!)
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To: Free ThinkerNY

Chicago is the White man’s Detroit. It would be allowed to fall through its ash if Blacks ran it.


16 posted on 05/13/2011 1:57:02 PM PDT by jmaroneps37 (Conservatism is truth. Liberalism is lies.)
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To: Free ThinkerNY
Mayor Daley's Chicago would never discriminate, There must be some mistake. </sarcasm>
17 posted on 05/13/2011 2:01:36 PM PDT by chainsaw (I'd hate to be a democrat running against Sarah Palin.)
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To: Free ThinkerNY
Mayor Daley's Chicago would never discriminate, There must be some mistake. </sarcasm>
18 posted on 05/13/2011 2:01:44 PM PDT by chainsaw (I'd hate to be a democrat running against Sarah Palin.)
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To: Free ThinkerNY

Of course the fact that they were incompetent and incapable of doing the job really didn’t matter. Dey be black, so dey be gittin paid! Sheeeeit.


19 posted on 05/13/2011 2:09:27 PM PDT by Oldpuppymax
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To: Free ThinkerNY
“We won last June 9-to-0, which is unusual in a civil rights case,”

Well, at SCOTUS is was simply a statue of limitations case.

20 posted on 05/13/2011 2:17:26 PM PDT by BenLurkin (This post is not a statement of fact. It is merely a personal opinion -- or humor -- or both)
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To: Free ThinkerNY
It's long past time for tolerating Courts that order money to be spent. Spending is the job of legislatures.

ML/NJ

21 posted on 05/13/2011 2:18:22 PM PDT by ml/nj
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To: Free ThinkerNY

Dept of Ag “Black Farmer Suit”

There were allegations loans had been delayed to black farmers. Problem for the class action lowyaz was there were only 600 or so black farmers in the country; class action lawyers get a biiiig pay day only if there are tons of claimants, right? So they advertised, and told responding blacks that if they only had a POTTED plant then they were a WOULD-BE farmer; a person who would have been a farmer, but for the discriminatory lending policies of the Dept of Ag.

So the the lowyzaz boosted the number of black farmers to 100,000, and the class action attorneys collected 10 million dollars a piece.

Nice, huh?

Almost all of those “black farmers” collected 50,000$ or more.


22 posted on 05/13/2011 2:47:38 PM PDT by gaijin
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To: Free ThinkerNY

“The city gave a test back in 1995 that did not measure the abillity to be a firefighter. It made it more than six times more likely that white applicants would be hired rather than African-Americans with no job-related justification.”

I would like to see one of these biased tests.


23 posted on 05/13/2011 2:55:38 PM PDT by Bruinator (God is Great.... God is Good....Evil is Real.)
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To: lonevoice
During the telecom melt-down in the late 90s / early 00s (lost my career in '02), I tried to get into pharma or medical device sales... I couldn't get an interview.

So based on this fireman ruling, when will Eli Lilly, Johnson & Johnson, Abbott, etc. give me my retroactive pay / 401[k] lump sum contribution?

Tick, tock, tick, tock... I'm waiting!

24 posted on 05/13/2011 3:06:56 PM PDT by Trajan88 (www.bullittclub.com)
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To: Free ThinkerNY

Will that affect property insurance rates?


25 posted on 05/13/2011 3:26:50 PM PDT by TigersEye (Who crashed the markets on 9/15/08 and why?)
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To: Free ThinkerNY

The city gave a test back in 1995 that did not measure the abillity to be a firefighter. It made it more than six times more likely that white applicants would be hired rather than African-Americans with no job-related justification.


So they gave an intelligence test.

Is there any important job where being intelligent isn’t an advantage?


26 posted on 05/13/2011 3:31:01 PM PDT by Atlas Sneezed (...a.k.a. "Norm L. C. Bias")
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To: Free ThinkerNY
“The city gave a test back in 1995 that did not measure the abillity to be a firefighter. It made it more than six times more likely that white applicants would be hired rather than African-Americans with no job-related justification. Nothing about getting a high score on that test predicted anything about whether you’d be a superior firefighter.”

Had an appropriate test been given, it probably would have resulted in the same outcome..........

With that being said, there's no mention of what the payout to the attorneys was............

27 posted on 05/13/2011 3:34:56 PM PDT by Hot Tabasco (It's a beautiful day and I'm glad I can see it in color.......)
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To: E. Pluribus Unum

>> The can’t pass the test because they can’t read.

No doubt a product of basic K12 eduction.

A better solution to improving results should be applied to public education.

I wonder how graduates of charter schools performed.


28 posted on 05/14/2011 8:48:11 PM PDT by Gene Eric (*** Jesus ***)
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