New Haven had previously been sued by firefighters for discrimination . . .
that's why they understood the peril they were in regarding the "disparate-impact"
re the test that had just been given --
ADDITIONALLY . . . Kennedy notes this . . .
"because of controversy surrounding previous examinations"
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As witnesses make clear, the test could not have withstood challenge --
Additionally, study materials had cost $500 and out of stock with month and a half delay.
That have the ring of a poll tax?
Significantly, the white firefighters generally had a relative who was with the department
or had previously served and the materials were available to them.
See my further comments below under "For the record" --
There's a link to both majority and minority opinions if you're interested --
Critical understanding = rebellion = organization = change
And, actually the figures I first used were wrongly stated in some of the reports --
I think 77 whites - 19 AA -- also a larger number of Hispanics took the Lieutenant exam.
You'll find a better report on the actual numbers in the opinions -
there's a link there
And, if you want a "dispute" read Gingsburg's opening on the long shadow cast by discrimination
in municipalities -- firefighters --
and about the lawsuit against New Haven for historical discrimination against minority firefighters --