describes the worst case I’ve ever seen of the “Disparate Impact” fraud. The judge ought to be impeached and disbarred for his refusal to admit the defense’s evidence and avoidance of a jury trial. Mayor Bloomberg is a wussy liberal, but having worked for him in my Wall Street days, I know that he is taking the accusation of being racist very personally and the judge’s willful ignorance of his minority outreach efforts very angrily. He will fight this and will win, so that the ultimate impact will be good.
If I were the Mayor I would respond differently — I would make the test the way it was originally, re-emphasizing cognitive ability, and race-norm it to take the desired number of highest-scoring blacks and highest-scoring whites, and claim to have corrected for the “disparate impact” that way. An obvious quota will produce a far better group of firefighters, in fact the best possible group with that particular racial composition, and would be politically valuable also because the group differences would not be obscured by dumbing-down the test.