Posted on 05/26/2009 9:46:02 AM PDT by joeclarke
In her favor, Supreme Court nominee Judge Sonya Sotomayor may be pro maternity, but her only legacy, hence far, in judicial decision-making has been her abysmal judgment on the New Haven Connecticut firefighter case which "threw out the promotion test because the white firefighters did so much better than minority test takers," although the test itself was not proven to be biased in any way.
There are a large number of similar civil service job challenges by employees and applicants across the nation who are citing "racial prejudice" for not being able to get hired or promoted to government jobs because of these "biased tests." Expect Sotomayor's bias, which will reward minorities (blacks comprise 25% of the Democrat vote, 57% of Hispanics voted for Obama), to be legislated from the Supreme bench. Currently, courts are siding with the non qualified, so as to "even things out."
Below are several examples how the term "Civil Rights" has been redefined so as to give preferred rights to non qualified, non and under performing citizens, so that they may be guaranteed government jobs, as well as employment which has government connections. The New Haven firefighter case is currently pending before the U.S. Supreme Court.
New Haven, CT - Adversity.Net, Tim Fay - "New Haven paid $100,000 to a high stakes diversity testing firm, IO Solutions, Inc. of Illinois, to design the exams to be completely free of any racial bias. This is a necessary step these days in order to avoid charges of disparate impact upon protected minority groups -- and New Haven does have a large population of protected minority groups.
IO Solutions, Inc. is one of a few dozen firms which specializes in this kind of politically correct test design, and they are very good at it. According to court filings, IO Solutions did everything right in designing the New Haven fire department's promotional exams to be completely race-neutral, i.e., to not have a disparate impact upon selected, preferred skin colors.
Yet, when the New Haven FD administered the race-neutral tests in November and December of 2003, white firefighters scored so much higher than their black and brown counterparts that very few preferred minorities would have been promoted to the seven open Captain vacancies, nor to the eight open Lieutenant vacancies, if the exam scores were used. New Haven's city charter requires that they follow a "rule of three" which requires that each open promotional position be filled from among the top three scorers on the exams.
If the "rule of three" were strictly applied to the 2003 promotional exams, it would have resulted in all of the open Captain and Lieutenant positions being filled by the best-qualified, highest scoring candidates.
Unfortunately the best-qualified, highest scoring candidates turned out to be mostly white.
Oops.
The City Fathers and Mothers of New Haven reacted quickly to this politically unacceptable turn of events. They simply refused to certify the results of their fire department's race-neutral exams, thus effectively nullifying the results.
A reverse discrimination lawsuit was filed by the mostly white, highest-scoring firefighters who insisted that the race neutral exam scores should be used to promote them. Their lawsuit was thrown out by a liberal judge (a Clinton appointee), and the firefighters have filed an appeal which they stand a good chance of winning. More on that later.
The upshot is that as of the date of this posting (12-11-06) -- three years after the race-neutral exams were administered -- vacancies have been allowed to go unfilled and are temporarily occupied by firefighters in an 'acting' capacity. Some of the temporary 'acting' firefighters occupying these positions actually failed the Lieutenant and Captain exams, thereby endangering firefighters under their command and the public at large."
This following example may be the grand slam, trifecta, triple-double, all time powerball winner of discrimination lawsuits if anyone cares to research it. Too much for me! "A Los Angeles firefighter who said she was harassed at work because she is African-American, a woman and a lesbian received a $6.2 million jury award Tuesday in her discrimination case against the city. "
The "boosting" of unqualified minorities (including women) also applies to favoritism in private employment where a business has a government contract, The same goes for hiring practices in academics, and all government jobs. The loss to the Gross Domestic Product because of the hiring of less proficient employees must be in the trillions of dollars, although it is hard to find an academic or government researcher to confirm this - since such research is, of course, verboten.
In the below reports of minorities winning lawsuits on account of "bias testing," examples of the bias are never published. One lawyer can easily persuade a Democrat jury without using solid evidence.
Cleveland Ohio - "More than two dozen African American firefighters filed a lawsuit against the city claiming a promotion test was unfair to their race and was not linked to job performance. The city has agreed to promote 15 black firefighters and pay a $650,000 settlement." (Mar-15-06) [BEACON JOURNAL]
Akron Ohio - Plain Dealer - "A federal jury awarded the 23 firefighters a total of $1.9 million Tuesday, finding that the exams developed by EB Jacobs were biased against white candidates for captain and black candidates for lieutenant. In both instances, the exams discriminated against officers over 40. Because of deficiencies, they contend, blacks were over-promoted to captain and under-promoted to lieutenant [?????????]. The lieutenant test also was skewed in favor of firefighters under age 40, according to the civil lawsuit filed in 2006."
Next, is the unbelievable, and common story describing how the voracious, unequaled harassing by the Equal Employment Opportunity Commission hounded a simple Akron businessman for not hiring black employees. The owner of West Point Market did everything humanly possible to seek and hire minority job applicants except shanghaiing them off streets. Minorities simply did not want to work at the business. The EEOC still had the unmitigated gall to charge the market with discrimination, thus starting a three year, very expensive court battle. "
(Continued . . . )
Excepted From Entrepreneurship: Theory and Practice By Figler, Robert A.,Dunning, Kenneth A.,Finkle, Todd A.
May Be Read In Full Here
As she's said, "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.”
If she harbors these stereotypes and biases about whites, I don't know why blacks or Asians would think they'll fare any better.
“If she harbors these stereotypes and biases about whites, I don’t know why blacks or Asians would think they’ll fare any better.”
Remember that Bammy’s granny busted her ass to raise the little snot and got thrown under the bus as a racist...
Every move Obama makes if you think reparations, you will understand each and every time.
I think Rev. Wright would have been a better appointment.
SCOTUS Nominee Response: What Not to Do [Kathryn Jean Lopez]
Over the weekend, I was forwarded a request from the Republican National Committee from someone who was being asked to be a surrogate for the RNC on the Supreme Court pick — that is, talk on TV and radio on behalf of the RNC. The request included the guidance that the RNC is “looking to come out very neutral on the subject.”
Neutral? The Left sure isn’t “neutral” on the Court or on Republican presidential nominees for the Court. By all means, be reasonable. But the RNC wants to be “neutral”? If the RNC is neutral is there anyone left in America to join the likes of Cheney and Gingrich (as Bill Kristol puts it; scroll down) to oppose Obama-administration moves?
“More than two dozen African American firefighters filed a lawsuit against the city claiming a promotion test was unfair to their race and was not linked to job performance.”
Welcome to my (soon to be ex) home, New Haven. Baseless charges are everything, facts mean nothing. And, I find it hard to believe that two dozen black firefighters arrived at this conclusion independently and got together to do something about this ‘unfairness’. I think this lawsuit was ready to go before they ever took the exam.
Ooops. My post makes it look like the two dozen firefighters filed lawsuit in New Haven instead of Ohio. My bad.
Notice that it’s “woman” on one hand and simply “male” on the other.
That’s not accidental.
That pilot Sully Sullenberger who safely landed the aircraft in the Hudson River was a product of the time when a person was picked for their competance and aptitude.
That day is done, and if you’re in the cabin of an aircraft that’s having trouble, or need a medical procedure, or your house is on fire—God help you in 10-20 years time....
MY richness of experience is richer than HER richness of experience...
PICK ME! PICK ME!
So, it is all about richness of experience and such a wonderful story is what we should now use as the judgement criteria. I wonder when the elite shifted shifted to this as their baseline. It sure wasn’t that way when Condi reached such high successes.
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