This is the city of Davis: a growing community with just one fire department. The city still has a small-town feel, but its growth is largely due to a steady stream of immigrants drawn by the service economy. Diffusing the racial tension in Davis has become one of the City Council’s top priorities.
Although it’s not clear in the story whether an associate’s degree is a precondition for taking the exam, in your opinion, should a degree be a requirement to sit for the exam?
Both firefighters passed the exam and earned the first and second highest scores, respectively. Now they wait to hear whether they’ve been added to the certification list. Only Firefighters whose names are on the certification list are eligible for promotion.
Based on the fact that Doug and Sam earned the first and second highest test scores, is it a reasonable assumption that the city of Davis will add Doug and Sam to the certification list?
The city of Davis adds Sam’s name to the certification list. However, they didn’t add Doug’s name, citing inadequate numbers of minority candidates being in line for promotion from the testing. Sam filed a claim of racial discrimination at the EEOC under Title VII of the Civil Rights Act.
In its defense, the City claimed that adding Sam’s name to the certification list would have subjected it to liability to minorities for “disparate impact.” In response Sam pointed out that the Department enjoyed generally harmonious race relations, and that no prior, credible claim of discrimination had been filed against it in several decades.
Can the City successfully defend itself on the basis of “disparate impact?”
Under what circumstances may racial discrimination be proved by “disparate impact?”
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