Do Americans have a right to expect that firefighters responding to calls from their neighborhoods will always be the best-trained, most capable individuals available? Not if the U.S. Department of Justice has its way. That's the disturbing message from a discrimination suit DOJ filed against the New York City Fire Department alleging that it discriminated against black and Hispanic applicants.
Oddly enough, the case was not based on any particular act of discrimination. It was based purely on the fact that somebody somewhere decided that too many NYFD applicants had failed a job exam. The DOJ argued that these multiple failures were undeniable evidence of "disparate impact." That's the quack legal theory that it isn't necessary to show discriminatory intent to prove discrimination. All that is required is evidence that a policy or procedure has "the effect of disproportionately excluding members of a particular protected group," to quote from DOJ's website….To Read More….
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