Loosehead wrote:LeonidNYC wrote: Женщина чрезвычайно опытная и умная. Так что, мне кажется это неплохая кандидатура.
Т.е. вы согласны с ее решением что если ленивые негры не могут сдать экзамен то этот экзамен надо отменить, а их все равно повысить в должности? Где справедливость по отношению к белому потомку итальянских эмигрантов Фрэнку Риччи, который страдает дислексией (!), но все равно сдал экзамен после упорных занятий?
Всегда полезно читать если не первоисточники, то хотя бы нейтральные и объективные документы.
http://www.scotuswiki.com/index.php?tit ... o%2C_et_al.
In 2003, the New Haven, Connecticut, Fire Department sought to fill captain and lieutenant positions. Because its union contract required promotions to be based upon examinations, the City contracted with Industrial/Organizational Solutions, Inc. (“IOS”) to develop exams, which were administered to qualifying applicants.
... More broadly, black applicants’ pass rate on the lieutenant exam was approximately half of the rate for white applicants – a disparity more marked than for prior exams. Because of these outcomes, the City’s independent exam review board, which must vote to certify test results, held hearings to consider the possibility that the tests were racially biased. The board heard from a representative of an IOS competitor, who testified that the results showed “adverse impact” and that he could design tests with less disparate results and better measuring the jobs’ requirements.
A City official testified that if the board chose to certify the results, then the city could be subject to a disparate impact suit from the minority applicants who did not qualify for promotions. Yet, his testimony may have been contradicted by IOS’s “technical validity report.” There is some evidence to suggest IOS was prepared to issue such a report, which might have “establish[ed] the City’s lawful use of the test results.” However, the City argues that IOS never offered to prepare the report nor would the report have “proved” the legality of the test.
Because the exam review board split evenly, 2-2, on whether to certify the exam results (with one member recusing herself based upon a conflict of interest), they were not certified.
A group of white firefighters, one of whom is also Hispanic, who scored some of the highest results on the administered exams, filed suit against the City and its officials, alleging that the City’s action violated Title VII and the Equal Protection Clause. On cross-motions for summary judgment, the district court granted the City’s motion, agreeing that the City did not need to certify the results because doing so could subject it to litigation for violating Title VII’s disparate impact prohibition.
On appeal, the Second Circuit initially affirmed the district court’s opinion summarily but subsequently issued a per curiam opinion that praised the district court for a “thorough, thoughtful, and well-reasoned opinion” and concluded that the City could not be held liable for its failure to certify because it “was simply trying to fulfill its obligations under Title VII.”