The theory, as written into law, goes like this:

If all the people passing your test are white and all the people
failing your test are not white, chances are that the test is not
really fair.

It is difficult to go into all the possible criteria for all the
possible tests out there, so they went for an outcome based litmus
instead. If the test is producing a proportionate number of minority
folks who are passing, then the test is reasonable. If the testing
situation is such that all the non-white folks are failing, something
may be fucked up. Interestingly enough, the law doesn't *require* that
you throw out the test, you can argue for it on other grounds. New
Haven, however, decided to chuck the test because non-white folks were
failing it disproportionately. So they were actually trying to be
"good" even when they didn't have to. The firefighters who passed the
test, however, were unhappy that they would have to take a new test.

So, the question became: should the test be judged on the basis of the
perception of fairness in the test or based on the actual outcome of
the test? It wasn't a question of whether racial diversity was a
proper goal or not. It was a question of how best to judge fairness in
a reasonably uniform manner. An interesting question indeed.

Judah

On Mon, Jun 29, 2009 at 12:55 PM, Jerry Barnes<[email protected]> wrote:
>
> I find it interesting that the test was supposed to be devoid of potential
> racial problems.
> From the WSJ:
>
> "The city set aside the results, although the test had been designed by an
> experienced Illinois company, Industrial/Organizational Solutions, which
> routinely scrubbed its assessments for any possible racial bias to protect
> the agencies from potential civil rights complaints."
>
> It looks like New Haven went out of their way to avoid the problem that they
> found themselves in.  The irony.
>
>
> 

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