Have you heard about the firefighters case in Buffalo? Last week, a federal judge issued orders to dismiss a case filed by the Men of Color Helping All Society, a group of black firefighters who claimed 1998 and 2002 promotion exams disparately impacted them. In other words, they scored too low to qualify for promotions. (Source)
The exams tested the necessary skills needed to serve as a lieutenant in the department, the judge said, and evidence offered to prove Buffalo intentionally discriminated against the lower scorers was insufficient.
In typical disparate impact cases, intent isn’t necessary. That’s what’s so unwieldy about the allegations. The mere fact that preferred racial minorities are negatively impacted in disproportionate numbers is enough to trigger allegations, regardless of the employer’s intent.
One has to wonder what a non-discriminatory test would look like. Is the substance of the exams the problem, or the exams’ form? Is the scoring discriminatory, or do the lower scores of black test-takers simply reflect their knowledge? Blacks have scored high enough on standardized exams to qualify for and receive promotions. What distinguishes them from those who don’t?
Perhaps groups like Men of Color Helping All Society and FDNY’s Vulcan Society would be better served consulting these firefighters on how to prepare for and pass the exams instead of filing lawsuits and announcing to the world that blacks can’t compete with others on pencil-and-paper civil service tests.
Comments on this entry are closed.