ACLU Backward on SCOTUS Racial Discrimination Decision

Posted on June 30, 2009

If everyone of every race is given the same study material, and the exact same test, then explain how it is racial discrimination to hire the people who pass the test. It seems so simple to a simpleton like me. However the ACLU seem to think we should hire people BASED on their race despite not qualifying the equal standard test.

The majority’s rejection of New Haven’s basis for its actions – vigorously disputed in the dissent – creates a new and more onerous standard for evaluating government efforts to ensure equal opportunity. It is clear, however, that the decision leaves intact Title VII’s prohibition against both discriminatory treatment and policies and practices that have a discriminatory impact upon protected groups. The decision does not require employers to accept test results that have a racially disparate impact, but it makes it harder to reject them. Further, the decision acknowledges a government agency’s responsibility to invalidate test results when there is a strong basis in evidence to believe that relying on the tests would have an illegal disparate impact on minority promotion-seekers.

The following can be attributed to Dennis Parker, Director of the American Civil Liberties Union Racial Justice Program:

“We are disappointed with today’s decision because we believe that the city of New Haven had stronger reasons for believing that its test was discriminatory than the court acknowledged.

Bottom line is the test was designed to test people on their ability to be a fireman and had nothing to do with race. The city’s fear of litigation for discrimination backfired and caused them to commit actual racial discrimination. The ACLU only see racial discrimination if the person discriminated against is a minority.

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