Update on Youngstown’s Two-List Hiring Policy
When last we blogged about Youngstown’s (Ohio) two-list hiring practice (one for whites, one for women and minorities) for policemen and firefighters, we mentioned that, to his credit, Mayor Jay Williams wanted the city to convert to one list. The city council was supposed to vote on the matter, but postponed the vote until members received more information.
The council still hasn’t voted on the change. As of this post, race- and sex-based hiring in Youngstown remains official policy.
A local newspaper called The Vindicator editorialized about the issue on Saturday:
“If Youngstown City Council is intent on encouraging the city administration to continue the use of two civil service lists — one for white males and one for minority candidates — the least it should do is appropriate the hundreds of thousands of dollars it is going to need to defend the city against an inevitable lawsuit. And council should resign itself to eventually losing that suit.
This is not even a close call. We cannot imagine a city being foolish enough today to attempt to promote or hire police officers or firefighters using separate eligibility lists that are based on race or gender.”
The editorial cites Dean v. City of Shreveport, a federal case that outlawed similar lists in Shreveport, Louisiana.
“While it is true that the Fifth Circuit does not have jurisdiction over Ohio, there can be no serious doubt that the court’s decision reflects the way the Supreme Court of the United States reads racial discrimination law today. If the city were to hire or promote from separate lists based on race or gender, there is no doubt that a lawsuit would be filed.”
A city attorney worth his salary knows that if Youngstown continues to use intentionally discriminatory hiring practices, there will be legal and expensive consequences. The issue turns on whether the city has a “strong basis in evidence” to believe minorities would sue under disparate impact. (Ricci v. DeStefano). If not, it will face disparate treatment liability from white job candidates.
