A Comprehensive Approach to Eliminating Adverse Impact in Public Safety Promotional Exams

摘要

The U.S. Supreme Court issued a dedsion in May 2010 holding that the city of Chicago is liable under Title VII for the adoption of a testing process that had a disparate impact on African Americans applying for firefighter positions and also for the application of that process when it selected applicants from the list generated by that flawed test some years later.~1 The Court decided that during the entire life of an eligibility list and one year after the lisfs expiration, any candidate may sue for discrimination if each hire causes or exacerbates adverse impact. In the past, this was not the case because, when an eligibility list was initially published, it was reviewed at that time for adverse impact and potential adverse impact. Now, plaintiffs can evaluate the list after its expiration to determine how it might have ultimately impacted those who might claim discrimination.rnIn January 2010, the Equal Employment Opportunity Commission filed a complaint in the U.S. District Court for the District of New Jersey on behalf of candidates in the New Jersey Civil Service Commission who were seeking promotion to the rank of sergeant through the Police Sergeant exam. The complaint alleges that the state's pass/fail testing process had a negative, disparate impact on African Americans and applicants of Hispanic origin.~2