Gibson/Papenfuse Race and the Law in Maryland Image No: 170 Enlarge and print image (71K) << PREVIOUS NEXT >> |
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Gibson/Papenfuse Race and the Law in Maryland Image No: 170 Enlarge and print image (71K) << PREVIOUS NEXT >> |
[T]o accurately reflect the racial composition of the actual hiring area, the black percentage would have to be closer to 47% than 24%. It is 14%. But dramatic and frustrating though it may be, this discrepancy does not prove a violation of the Civil Rights Acts, as plaintiffs contend. It does not evidence that the defendants maintained practices or procedures which caused the statistical discrepancy. And most importantly, it gives no clue as to where the problem of disparate treatment might lie.239 Blacks were not admitted into the fire department until 1953. Formally mandated segregation ended in 1956, yet segregation in practice continued. It persisted in more and more isolated instances until the late 1960s, and related harassment caused blacks to leave the Fire Department in greater proportions than whites in the 1950s and 1960s. The Court found this behavior violated the Constitution and provided grounds for relief under §1983. Plaintiffs also challenged the tests that were used for entrance into the fire department. Accurate statistics existed only for 1971, but the rougher statistics of other years confirmed that the written exam for entry level appointment had an adverse effect of blacks. The persons preparing the exam did not have a good description of the exact duties of the job for which this test was to be used nor did they draw on the experience of anyone in the fire department. Defendants produced an expert to testify that the test was job related. The court, however, found his testimony did not validate the tests. His comments amount to articulation of an assumption that the kind of aptitude which written general aptitude tests measure is a valid indicator of success as a firefighter. He cannot be faulted for that assumption. It is common enough. But the law does not afford public employers the luxury of reliance on an untested assumption when the tests which proceed from that assumption adversely affect one racial group. The crucial issue is whether the same type of psychological processes are involved in answering general aptitude questions of the type found in the test and in performing the duties of a firefighter. The firefighting expert agreed that he was not equipped to answer that question.240 The plaintiffs also alleged that blacks faced discrimination in promotion. They noted the past discrimination and persuaded the Court that lengthy requirements of time in grade as prerequisites for promotion operated to perpetuate the impact of earlier discrimination and were unnecessary. They also argued that promotion tests were discriminatory. This latter argument was based on the fact that black candidates applying for promotion had on average more education than white applicants, yet the pass rates were about the same for both races. The Court concluded that no adverse impact had been demonstrated in the promotion exams - for they were supposed to measure ability to do the job in the department and not prior educational level. Judge Young rejected plaintiffs requests for any numbers or goals with respect to hiring. Instead he ordered that no future firefighters be hired on the basis of written examinations unless 168 |