Sunday, January 17, 2010

Equality of outcome at its worst...will you be safer now New Yorkers?

Fantasy discrimination

Is there anyone more arrogant than a self-righteous, agenda-driven federal judge?
Take, for example, US District Court Judge Nicholas Garaufis — who last week declared ex cathedra that the New York City Fire Department is guilty of intentional racial discrimination in hiring firefighters.
The evidence?
None.
At least, none that had been developed in an adversarial judicial proceeding.
Garaufis’ stunning assertion follows his July declaration that the FDNY’s recruiting exams were biased because of their “disparate impact” on minorities.
These, too, are weasel words. They mean, in essence, that gargantuan efforts to prove actual discrimination have failed, so the judge simply declares it to exist.
The twin rulings mean the city faces millions of dollars in damages and likely court oversight of FDNY hiring practices.
Read: quotas.
FDNY hiring tests have been under the gun for decades, of course, and facts have rarely been part of the discussion. (One federal judge, trying his damnedest to elevate the number of women in the department, actually declared upper-body strength to be irrelevant to firefighting — an utterly laughable notion.)
Garaufis’ specific beef is with hiring exams written in 1999 and 2002, which failed to increase the number of minority firefighters — ipso facto “disparate impact,” never mind that he never even attempted to identify discrimination.
Regarding the “intentional discrimination” claim, Garaufis took no oral arguments — producing an unprecedented decision that left all sides stunned.
He also appears to have taken no heed of last year’s Ricci case, involving New Haven firefighters, wherein the US Supreme Court called into serious question the principles underlying the concept of “disparate (or ‘adverse’) impact.”
The city now has to wait. No appeal can be heard until the Vulcan Society — the black city firefighters who brought the suit — presents its “remediation” wish list, including claims of monetary damages.
Meanwhile, the finest urban fire department in the world is left in limbo.
It’s a scandal.

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