Aside from eliminating civil service tests altogether, what can be done to lessen the adverse impact such tests have on racial minorities? Should there be more emphasis on preparation, tinkering with the test to “ensure” more or less equal outcomes, or rigging the results? Fewer multiple choice questions and more oral testing?
My view on the issue probably is in the minority among minorities. I believe men and women who seek promotions should bear the responsibility of preparing themselves for the tests and be willing to accept the consequences of failing or not scoring high enough to qualify for promotions. Such a simple, common sense opinion earns one scorn and accusations of naiveté.
The Department of Justice has filed suit against New Jersey, alleging racial discrimination against black and Hispanic police officers. The plaintiff seeks to bar the state from using the test. (Source) Download the 10-page complaint. (PDF)
Barack Obama’s assistant attorney general for the Civil Rights Division of the Justice Department, the same man who advocates sending lesser qualified doctors to predominately minority areas said, “This complaint should send a clear message to all public employers that employment practices with unlawful discriminatory impact on account of race or national origin will not be tolerated. The Justice Department will take all necessary action to ensure that such discriminatory practices are eliminated and that the victims of such practices are made whole.”
What is it about the promotional multiple choice test that “discriminates” against minorities? In the case of Ricci v. DeStefano, the city of New Haven tinkered with the test to lessen the adverse impact it had on minorities before Frank Ricci filed sued, and whatever the city did to the test apparently didn’t work.
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This egregious lawsuit, of the United States of America v. the State of New Jersey and the New Jersey Civil Service Commission, is in my opinion a baseless accusation of racism. The complaint states that due to the fact that for the period between 2000 and 2008, 89% of white candidates, 77% of Hispanic candidates, and 73% of African-American candidates that took the New Jersey Civil Service Commission’s Police Sergeant promotional exam, passed the exam, that this test is discriminatory against Hispanics and African-Americans.
The U.S. Dept. of Justice appears to base this accusation of discrimination on no other facts other than its subjective opinion that the differences in the pass rates is statistically significant. No other factors appear to have been considered, such as differences in the rates of those that dedicated the time and money for test preparation classes, those with college degrees (thereby more accustomed to exam preparation and testing), the amount of study time dedicated by the candidates for the purpose of this exam, etc. Although test preparation classes are expensive, I do not feel the Dept. of Justice would even be able to claim any unfairness based on socio/economic differences between races, due to the fact that this is a police promotional test, whereby all candidates are at the same police rank making equivalent salaries.
I am a Police Officer in a New Jersey municipality and I feel that it is not the test but this ridiculous lawsuit that is itself racist. The test in question is indeed based on police work and draws its questions from books that anyone can acquire and study from. In preparation for this exam, I studied laws from New Jersey’s, Title 2C/ Title 39 / Title 2A:4A / Title 9, case law from the Law Enforcement Handbook Vol. I & II, Attorney General Guidelines and Directives from the Law Enforcement Handbook Vol. III, relevant sections from the School Search Policy Manual, not to mention the police supervision textbook from the Civil Service Commission’s book list. I studied these books for over four (4) months and attended classes twice a week for those same four (4) months. These classes started the week after my son was born and my participation in these classes required a great deal of sacrifice, dedication, and commitment.
I had thought that my dedication and hard work had paid off, due to the fact that based on my exam score I am currently in the number one position on my department’s promotional list. However, I now feel that the U.S. Dept. of Justice is discriminating against me as a Caucasian Policeman for working hard and scoring well, but being of the “wrong” race. The whole reason this test exists in the first place is so promotions can be done fairly, without regard to factors such as race, religion, national origin, political affiliation, or nepotism.
Baseless accusations of discrimination such as this serve only to weaken any true gains we as a nation have made in fighting against racism and discrimination. This could not have been what Rev. Martin Luther King Jr. envisioned when he dreamt of a world where his, “…four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character.” This test is color blind, which is the way it should be, and those that take it are scored on their knowledge of material such as, the constitution of the United States and its amendments, past & current United States and New Jersey court decisions (case law), New Jersey Criminal Code 2C, Title 2A, Title 9, the motor vehicle and traffic laws of Title 39, the New Jersey Attorney General guidelines, and police management and supervision text book material.
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