[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

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