Last month I mentioned that the fire department in New Haven, Connecticut, threw out test results and canceled promotions because too few black firefighters scored high enough to receive promotions. The department was concerned about promoting too many whites, a clear case of racial discrimination.
Firefighter Frank Ricci and others (one hispanic and more than a dozen whites) who scored high on the test sued the city, citing equal protection violations. After a district court judge dismissed the case, a three-judge panel of a federal appeals court affirmed the dismissal. Conservative judges on the court sought to have it re-heard. Judge Jose Cabranes defined the issue this way:
“May a municipal employer disregard the results of a qualifying examination, which was carefully constructed to ensure race-neutrality, on the ground that the results of that examination yielded too many qualified applicants of one race and not enough of another?”
The appeals court declined to hear the case by a vote of 7 to 6. Download the 72-page opinion (PDF).
Ricci petitioned the U.S. Supreme Court, and last week, the court agreed to hear the case.
I’ve written about this issue before. A few years ago, I spent an hour on a conference call with three people at a consulting firm hired by the Denver Fire Department to water down the test so black applicants could pass it at higher rates. They told me, somewhat proudly, they’d been hired to create watered down tests for fire departments in Montgomery and Prince George’s Counties in Maryland, too. I asked them repeatedly what changing the test would entail: more pictures, fewer words, no math…what? I just got jargon. No straight answers. My request for a copy of a sample test was denied.
According to the firm’s web site, the new test would measure a “broader range of job related abilities than traditional written tests” to identify “well-rounded, motivated, and qualified” applicants. In other words, the goal was to play down what apparently made blacks look bad — abstract reasoning ability — and play up “interpersonal” skills.
I also blogged about a fire department that eliminated a swimming test because too many black applicants can’t swim. Can you believe it? Instead of eliminating non-swimming applicants or even doing the paternal thing – sending them to swimming lessons like dependent children – the department eliminates an important requirement for the job!
I wish blacks would protest in the streets and burn cars over this. How much more demeaning can you get? Lowering standards for black applicants? What happened to “We shall overcome” and being treated equally? And all that talk about being given a chance, the same chance as everyone else? Black America should be in an uproar over being perceived as stupid and incapable.
But, no. Government-wide lowered standards for blacks don’t raise anyone’s blood pressure but mine.
Ricci v. DeStefano is an important case. Even if the Supreme Court sides with Ricci and rules that throwing out the test results because too many whites would get promotions is unconstitutional, however, the practice won’t disappear altogether. In some form or another, the government will find a way, any way, to lower the bar for blacks and keep it raised high for everybody else.
Those who fought and died during the civil rights movement must be so proud.
Mac Donald also gets to the root of the problem, one so many people tend to ignore or downplay: marriage. A stabilizing and civilizing influence on men and boys and the conduit through which values and valuable life/family lessons are passed down, marriage is a rarity among young blacks with children. They don’t even expect to be married. They have sex, make babies and excuses, and pass this sorry and disrespectful behavior on to their children.

I noticed the muted responses from homosexual and feminist bloggers to the