Very soon, we will know how the US Supreme Court ruled in the case of the New Haven 20. As you may recall, the City of New Haven paid to have a recognized consultant come in and ensure their promotion exam for the fire department was “race-neutral” and “equal-opportunity” based. A travesty occurred afterward in that when the City of New Haven discovered that there were no American Blacks in the final pool for promotion, the City chose to disregard the results and nullify the period of testing and review.

I have always maintained that this was one of the worst cases of equal opportunity abuses. Although I may not agree with the pop concept of “reverse discrimination" (as discrimination is discrimination), I do believe that in order to maintain the clarity and integrity of Affirmative Action values, policies and practices, we must tease out and expose inappropriate, abusive and exploitative uses of Affirmative Action.

As a supporter of Affirmative Action values, policies and practices, I was deeply saddened by this case on many levels. First, while the municipality appeared committed to obtaining a “race neutral” examination from the apparent gurus of this expertise – I.O. Solutions, the municipality appeared to have little or no idea of what their civil service exam would measure. Therefore they could not properly interpret the reliability of their exam: i.e. if it was race-neutral and reliable, than members of the municipality would have a rubric of what the percentile scores meant. If definitions were not provided, this “superior” exam is rendered useless and meaningless and thus diminishes the integrity of applying Affirmative Action principles here – i.e. removing race bias from the construct of the exam.

Similarly, in this context, did the municipal members making the determination of reliable data know, comprehend, or master the results of their exams? Members representing the municipality appear themselves, inept in interpreting the data. Their unsuitability to interpret the data and understand key quintiles informing their final selection of the top three scorers for the Captain and Lieutenant positions in the New Haven Fire Department also diminishes the integrity of Affirmative Action principles.

Finally, Affirmative Action is not a static, conventional construct or representation that in and of itself “makes” people equal. Affirmative Action values, policies and practices cannot promote equality in our socio-civic political arenas without the tireless, diligent commitment of individuals and groups who truly value equal protection under the law. I do not believe the members of this municipality were diligent in understanding and applying the outcomes of IO Solutions. With the race neutral exam, each candidate was provided an equal opportunity to succeed in the exam. The top scorers happen to be White, and if I’m not mistaken, male. Based on the race-neutral scores, those were the results; and the promotions should have corresponded with these outcomes. That is due diligence in adhering to the process of ensuring equal opportunity through the test and subsequent promoting.

By throwing out the scores, the municipality tossed out their commitment to equal protection because the exam was race neutral and each candidate had an “equal opportunity.” If the municipality wants to make certain that they have greater numbers of minorities applying for the openings in their department or seeking promotion, the municipality like so many others must invest in the precipitants of employment access – optimal education for all children in New Haven. Unfortunately, the municipal leaders present an ignoble attention to science and their interpretation of seemingly reliable data. This has less to do with the merits of Affirmative Action than the puerile application, by municipal leaders, of the results to the promotion of undeniably qualified personnel.

I hope the U.S. Supreme Court rules in favor of the New Haven 20, as it will cause our “employers” to critically think through their actions in planning, hiring and sustaining their employment force as a component of our overall labor sector. The City of New Haven’s actions are a strong role model for how our collective ignorance and inattentiveness butchers the integrity of a worthy principle we’ve come to know as Affirmative Action. Ill-informed and professionally slothful citizens make it very easy to promote this notion of “reverse discrimination” and the stance that Affirmative Action violates the rights and privileges of all.

Good luck New Haven 20!