That white firefighters case.....
Jun. 29th, 2009 01:03 pmDoes anyone have details about the test which the white firefighters scored so much better on?
I can't imagine what would be on a test which legitimately produced such results, so I'm wondering if there was dishonest scoring.
I can't imagine what would be on a test which legitimately produced such results, so I'm wondering if there was dishonest scoring.
no subject
Date: 2009-06-29 05:19 pm (UTC)Do you know how many people took the test? If it was a fairly small number, there's no particular reason (that I can see) that the distribution couldn't have just happened to turn out this way. The larger the number who took the test, the more likely there was some kind of bias.
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Date: 2009-06-29 05:28 pm (UTC)no subject
Date: 2009-06-29 06:03 pm (UTC)no subject
Date: 2009-06-29 06:25 pm (UTC)no subject
Date: 2009-06-29 08:39 pm (UTC)no subject
Date: 2009-06-29 05:39 pm (UTC)After beating racial discrimination in court, why do these people now have to be subjected to groundless accusations of cheating?
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Date: 2009-06-29 05:41 pm (UTC)I must go read the opinion at SCOTUSBlog, but that will wait until later.
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Date: 2009-06-29 05:55 pm (UTC)no subject
Date: 2009-06-29 07:27 pm (UTC)The Lieutenant exam was taken by 43 whites, 19 blacks, and 15 Hispanics. 23% of the whites were in the top ten scorers, and 0% of the blacks and Hispanics. That's somewhat more skewed, but the numbers are still pretty small for drawing any conclusions. 33 whites were NOT in the top ten--and a total of 34 blacks and Hispanics were not.
no subject
Date: 2009-06-29 08:21 pm (UTC)no subject
Date: 2009-06-29 08:36 pm (UTC)On the Captain's test, we're looking at 9 top scorers out of 41, so we're looking for the top 22% (rounded). More than 22% of the white testees scored in that group, but so did more than 22% of the Hispanic testees.
If the spread had been perfectly proportional by race/ethnicity, 4.5 whites, 1.8 blacks, and 1.8 Hispanics would have been in the top 9, compared to 7, 0, and 2 actual. That doesn't seem particularly unlikely to me.
no subject
Date: 2009-06-29 09:16 pm (UTC)no subject
Date: 2009-06-29 10:32 pm (UTC)From 1971 until today, to defend a test that had that disparate an impact, you would have had to prove that answering multiple-choice questions was a bona fide occupational qualification (BFOQ) for the job, that the person who got the job was going to have to spend all or part of his day filling out multiple-choice tests. An overtly silly and indefensible argument, when it comes to fire-fighters.
But today's particular big of legislation from the bench (and you can't call it anything else, I'm sorry) is entirely consistent with Antonin Scalia's long-held political philosophy on discrimination cases, which is that no matter what Congress says, and no matter what the results are, the only actionable discrimination is overt, explicit, and intentional discrimination, and no court should accept anything less than the most explicit and compelling evidence with regard to intent or state of mind. For example, the only reason that the Santerians won in Hialeah versus Santeria was that the Hialeah city council's own minutes showed that the intent of the ordinance was to close down a Santeria church. If they had managed to hide this intent from the evidentiary record, they would have won.
no subject
Date: 2009-06-30 12:34 pm (UTC)The study materials cost $500, but people from fire-fighter families from the area would already have had them. And in a couple of cases, it took a month and a half for the study materials to arrive. So there was some de facto bias there.
I wonder what would have happened if the city had compensated everyone who'd taken the test for their time (an estimate of study time, not just the time spent taking the test) and money.
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Date: 2009-06-29 08:43 pm (UTC)no subject
Date: 2009-07-02 04:39 pm (UTC)no subject
Date: 2009-06-30 01:25 am (UTC)no subject
Date: 2009-07-04 05:44 am (UTC)