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0 pointsyummyfajitas15y ago0 comments

That fear was quite legitimate.

After Ricci was decided, a black firefighter sued the city over the test [1]. His theory was that weighting promotions via 60% objective written test/40% subjective oral test was racist since it had a disparate impact on blacks. He lost.

http://www.nhregister.com/articles/2010/04/22/news/aa3_nebri...

[1] I believe he lacked standing before the supreme court decision, since he suffered no harm.

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3 comments · 1 top-level

sethg15y ago· 2 in thread

Well, yeah, it’s a legitimate fear, but they should have handled that fear by being ready to defend their testing system in court before the tests were administered, and having the courage of their convictions.

andrewflnr15y ago

Unfortunately, being firm in your convictions or even being right is not always enough to win in court.

dasil00315y ago

True, but it's impossible to operate with any form of competence or integrity if the sole basis of your decision making is fear of litigation.

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