SCOTUS and Ricci
By LisaB on June 30, 2009 at 4:01 PM in Current Affairs
CBS/AP reported that SCOTUS found for the white firefighters in the notorious Ricci v. DeStefano case.
Opinion (.pdf) here.
New Haven was wrong to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results, the court said Monday in a 5-4 decision.
The controversy started when New Haven voided its entire 2003 promotional exam after the results made 18 whites - but no blacks - eligible to become officers. When the city decided to promote no one, the white firefighters called that invalid under the Constitution.
New Haven was worried that if they actually promoted those who scored at the top of the test, they’d be sued. SCOTUS said fear of such a suit wasn’t reason enough to throw out the scores. The 5-4 decision reversed that of the appeals court, which included Judge Sotomayor at the time.
CNN follows up with a story that says 2/3 of those polled felt the high scoring firefighters were discriminated against.
A new national poll suggests that nearly two-thirds of Americans think white firefighters in New Haven, Connecticut where discriminated against when the city tossed out the results of a promotion exam after too few minorities scored high enough on the test.
———
A CNN/Opinion Research Corporation national survey released Monday morning, as the Supreme Court handed down it’s ruling, indicates that 65 percent of those questioned say the firefighters were victims of discrimination and should get promotions based on the test results, with 31 percent feeling that the city should a new test to make sure minority firefighters were not victims of discrimination.
I’ve heard many arguments about the test used with some arguing that “stereotype threat” was part of the problem as well as the possibility that majority AA schools - because of historic discrimination - are not capable of preparing students for such tests and so AA test-takers are disadvantaged. Some also argue that one of the plaintiffs clearly had an advantage because he could take time off to study for the exam. That same plaintiff also paid a friend to read manuals into a recording because the firefighter has dyslexia.
I think that had that firefighter who paid a friend to read for him been in wonderful schools, he might have more strategies for dealing with dyslexia than resorting to paying someone to create audiobooks. That guy also really really wanted the promotion, so he took the time off (from a second job) to prepare. As for the other arguments of “stereotype threat” and sub-par majority AA schools, I’d like more details on how either is so debilitating that men brave enough to fight fires would not have a way to deal with either.
Given these are real people, exactly what were the problems? Was the test given in a “whites only” space? Were all the proctors white? Did the test use only “white” English (and wouldn’t use of Ebonics be offensive anyway?), were the AA firefighters given less time to study or less time to complete the test? Were they separated into different rooms or scored differently? What, exactly, did the city or the non-black firefighters do to ensure that AA firefighters would not succeed? And if it was not the white firefighters’ fault and not the AA firefighters’ fault, then we should all look at the test. If the test was discriminatory, why did the city only discover that after the fact? Did it use pictures that only showed white firefighters? I’d really like specifics about these arguments.
Wouldn’t it be really interesting to know what the AA firefighters who took the test think about it? Wouldn’t it also be interesting to know what they thought about the city invalidating the test based on AA performance? I just don’t think any firefighter would appreciate that, but maybe they’d point to real issues with the test. I’d like to know.
And is multicultural achievement on a test prima facie proof the test itself is valid? Is any test that has a preponderance of high achievers from any particular group at any time thus discriminatory? Do we need quotas for test results to validate them?
Lastly, many people seem interested in what the reversal means to Sotomayor’s SCOTUS nomination. Personally, I’m more interested in what our “post-racial” President has to say.
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I thought the idea of a test was to see whether the takers had mastered the subject matter. What does that have to do with race? Nothing. The city could hire tutors after work hours for people who missed the grade and want to work to better their score. They would need to offer it to anybody and then it would be fair. We have gone so far off track from the whole “I have a dream” concept. We don’t have dreams anymore… just agendas. Somebody else’s agendas at that.
One point that the MSM usually fails to mention - The majority opinion said that if New Haven had had the firefighters retake the test, using a test (intended to be) less likely to discriminate, that would have been acceptable. Instead, New Haven simply threw out the test. The MSM, in their effort to tell us what to think, fails to mention this.
But how do you do that without discriminating to begin with? Seems to me the test needs to be arbitrary and intended to measure knowledge of the tested material foremost. Anything less than that is going to be unfair.
Don’t ask me - I didn’t write the Majority opinion.
But what would a firefighter test entail? Paramedic topics? Fire fighting theory? Structural building data? How could you make a test on these topics consider race if you tried? And if you tried wouldn’t that in and of itself be evidence that the test was tainted? I just don’t get the logic behind this. Isn’t it in the public interest that the firefighters know their stuff? Whatever that stuff entails? I guess the whole concept that certain people can master a topic more easily than others is what I have the problem with. Anybody can learn whatever they think they can learn and that they have the desire to learn.
I understand the information is quite extensive and detailed. Excelerants, type of wiring, building codes, how all the above interact, chemical analysis of what makes stuff burn or explode, etc. Then there’s the life saving stuff and management of firefighting equipment, handling employees. Lots ‘o stuff.
Everyone advocating promotion within the New Haven Fire Department should be based on some objective standard of knowledge derived from a (mostly) multiple choice test, pointing to the dyslexic firefighter who passed the written test proved he was most qualified for a promotion to officer, seems to be missing the point about what knowledge base is required to become an effective officer in the fire department. For example, given what he did in the weeks leading up to the scheduled exam, are you saying that spending several hours a day studying, say, the manual that accompanies the latest life-saving equipment the city is considering purchasing for the department based on your recommendation; having someone else record those instructions so that you can re-play them over and over again until you understand what they mean; and then, formulating a recommendation to your boss, the Mayor, having someone transcribe your words so that you can play them back until you memorize them, makes you the best person for the job?
http://www.rethinkingschools.org/index.shtml
Physicians take board exams; lawyers have to pass the bar. Both spend lots of time studying.
And for heaven’s sake, are you really suggesting someone studying for an exam ISN’T a good idea? Also, educators will tell you different people learn in different ways, with visual and aural being two primary ways to learn. Someone with dyslexia has trouble reading because words don’t form up correctly in the brain. Using recordings is a practical and perfectly appropriate way to learn. Blind people do that as well.
So what if someone spends time listening to something many times over to learn it? The guy wanted the promotion. He adapted his studying technique to his learning disability, spending time and money.
You’d think he’d be an example of not giving up and overcoming. And yet he still had to not only take the written test, but pass it.
So what’s his crime? He studied material on something the city was thinking of purchasing? Personally, I think it commendable he went so far. Clearly he was willing to over study. Good on him.
In most states, in addition to obtaining a J.D., lawyers also have to pass the bar exam to be licensed to practice law. They can pass with a grade of D+; and lawyers with dyslexia or other special needs are entitled to accommodations when taking the exam. Scores are not published; even the test takers have no idea what we scored. We only know how many people who took that same exam passed or failed. I graduated from law school in September and sat the bar in February; most take it in July. Only 35% of us passed, one of the lowest passage rates ever. (The bar passage rate in February is lower, anyway, since many test takers who have difficulty taking the test, having failed the July bar, are now trying again.) Presumably, all of the lawyers who passed the bar, with either an A or a D+, found jobs.
Well, I don’t know if the test measured everything about what would make a good offficer. But it’s clear this guy was willing to work quite hard within the parameters the city set for promotion.
In other words, Ricci didn’t set the rules, but he worked hard within them.
This was not a standardized test. It was developed specifically for New Haven in consultation with many people of color. The interview panels were all 2/3 people of color.
I heard that the city simply through it out rather than taking time to validate that the test didn’t discriminate. Some AAs DID pass the test. They just werent in line or as eligible for promotion as the whites an two Hispanics who passed.
Wouldn’t that speak for itself that the test was o.k. to begin with? This just looks worse now. Now it looks more like overt discrimination against the folks who passed. What did the city plan? Retest the applicants until the passers of the test came out the way they predetermined that it should? That is messed up.
Good post and it would be great to have all your questions answered.
I’d never heard in reporting of this story that 3 AA firefighters and two Hispanic firefighters passed the test and were/are in line for a promotion to Lt. This was discussed on Fox News today but has not been mentioned anywhere else that I noted.
I’d never heard this before. This is interesting news. The MSM reports left me with the the impression that only two Hispanic firefighters passed the test/were in line for promotion. Hmmm…
Great questions, LisaB.
I would also like to know of the test questions had anything to do with fire fighting or the mental skilled that pertained to the job.
The position of the minority opinion embraced by the left (and the left behind)is that because of past discriminatory practices against blacks, any test or other measure of achievement in which they do not excel is a direct result of that past discrimination. And they claim that this is the law of the land. Thus the justices that voted in the majority were legislating from the bench.
All of it absolute hogwash.
In effect what the Supreme Court did was reign in the legislative branch of government so that it was more in tune (aligned) with our Constitution which is the foundation of our Republic. In other words, they did their job. Something legislators don’t have much experience in.
The city of New Haven took extraordinary measures to assure that the test given was racially neutral. That was their original stated position. And the facts back it up. It was not until they were threatened with a lawsuit by black activists that they instead decided that maybe they could have done something more.
I applaud this decision. As someone I despise might say: “This is the first time in my adult life that I am finally proud of my country.”
Just kidding!
If someone (anyone) is having difficulty understanding the requirements of a position they seek to achieve then they should follow in the footsteps of this brave man with a learning disability who sacrificed time, money and effort to make the grade. Instead of crying racism.
To answer your last question, I don’t think The One will say a thing that isn’t written by someone else and spelled out for him on a teleprompter.
Here is a simple thought:
A white, a black and a Hispanic take a test to fly the new Boeing 787 Dreamliner. The ranking on grades of the test are #1 White, #2 Hispanic and #3 Black. Now who do you wqant flying the plane?
Same for promoting an intern to surgeon?
Same for commanding you as a firefighter, putting your life in danger at every fire?
Sorry but this is the stupidest excuse for discrimination ever. Simply look at what happens when the unqualified and inexperienced are in possitions of authority. Does Barack 157 days as a US Senator come to mind?
EXCELLENT EXAMPLE..
Lousy example. Did the ‘test’ place all 3 applicants in an emergency flight situation, requiring independent judgment… Test scores mean nothing in this simulated life or death situation.
These are tests for promotion to supervisory positions. Positions that require comprehensive knowledge. They are not front line firefighting positions.
The country has a history of immigrant groups coming here and helping themselves to break out of their ghettos and do better than the first generation. They all wanted to have better education and they made sure there would be good schools for their children and made their children learn to the best of their ability.
Understanding that african americans did not descend from immigrants, it has been decades since the civil rights act and a litany of affirmative action programs for education and work. At what point in time do african americans - like all other groups - take responsibility for bettering themselves and stop blaming the system?
If you don’t want to learn and think that you can lean on the age-old excuse of “cultural bias” this decision should change your plans.
I’m wondering if any AA firefighter even complained. Stories say activists pressured the city, but I’ve not seen anything connecting the acutal AA firefighters to that.
It seems that there are a lot of “activists”/community organizers doing that.
Bill Cosby understands this and has been preaching this to the black community for a long time. They seem not to be listening.
Personal responsibility (and accoutability) are the first steps to success and blacks still seem not willing to accept this fact. Until they do, they will continue to not do well in tests of this kind. The fault lies not with the test, but with why those who took the test failed.
Bill Cosby took a break from his comedy career and got his Doctorate in Education. You’ll see him listed that way on his show credits.
His murdered son was a teacher and Bill called him “My hero”.
I once worked with Bill. He has many flaws but he was always honest and honorable with us.
Why won’t the black community listen to him? They are turning their backs on an elder statesman to embrace and emulate gangsters.
They don’t listen because it is counter to the self-fulling missions of Jesse Jackson and Al Sharpton who have made a career (and a living) out of leaching off the black community by maintaining their sense of being victims of society.
Well, I can’t say without actually seeing how much of a difference there was in the score.
If the white guy at #1 had a 68, and the black guy at #3 had a 66, I’m not sure I’d be happy with either one getting the job.
If the white guy at #1 had a 98 and the black guy at #3 had a 96, then I’d say they’re pretty equal.
But, let me throw this out for you. You’re a white guy who didn’t serve in the military and you score a 100 on a civil service test, but some white veteran only scored a 91 on the same test, but HE got the job because he received a 10-point bonus for military service, netting him a final score of 101. Technically, on the sheer basis of the test, you were the better qualified, but because the city/state/whatever is under a mandate to give preference to “veterans” (no matter what the nature of their actual service or even how long their service), the ex-military guy gets the job. Is that any fairer? Sorry, but the only acceptable answer is NO. But you don’t hear howls of protest or outrage from people over the “special treatment” shown to ex-military. The reality, though, is that “special treatment” is “special treatment” regardless of who benefits. (For more fun, a black veteran will wind up getting preference over a white veteran, a female veteran will get preference over a male veteran.)
My husband is dyslexic. He also passed all his tests and was a lieutenant at his firehouse. The current fire chief’ our friend is black. He took the same tests as my husband.
Good gracious, have we lost our common sense? Here’s what you gotta know. Go study it. Take the test. Whover knows the most scores highest on the test and gets the job. Got it?
Good gracious, have we lost our common sense?
Well, in this particular SCOTUS case, four of the nine did lose their common sense.
Texas
I agree but go tell that to Al Sharpton or Jesse Jackson–it’s not about excellence, it’s about affirmative action and now we see where that leads–to total insanity.
The real danger with this decision is that it might cost Al Sharpton’s and Jesse jackson’s careers as community leaches.
Give Jesse a break, it’s JJJunior (Candidate #5) who walks that talk.
In terms of Sotomayor, I don’t think this will derail her confirmation. I do think she’s going to get full-frontal assault from her detractors and will have to be on her toes during the confirmation hearings. But she’s hardly the first judge who’s had decisions overturned and the woman comes to the job with considerable credentials. Unless she screws up royally, she’ll be taking Souder’s place.
As far as the decision? I think SCOTUS went the right way on this. I read some of the briefs and from what I read, the City simply could not back up the claim that this test discriminated against the AA test takers. The test company went to great lengths to put a fair and valid test together. There was testimony from an AA officer who reviewed the Lt.’s test and stated what was on the written exam was standard material, provided in the study manuals and information that candidates would need and were expected to know. When the study guides were provided, all candidates were given an added help by letting them know which chapters a certain group of questions were taken from. The man who testified said this was a definite plus, since in the past you were expected to know chapter and verse, everything.
The City of New Haven relied on a single expert, who said the test might have been better. But this expert was from a competing testing company, who offered his services in the future. That expert now works for the City of New Haven as a consultant. A small conflict of interest.
Sotomayor has had six cases reviewed by the Supreme Court. Four were overturned. Not exactly the kind of legal mind I want elevated to the Supreme Court.
Alito had a number of reversals. Do you like him better?
The truth is? Elections have consequences. It’s the Dems turn to make SCOTUS selections, in the same way the Republicans did.
I didn’t agree with Sotomayor’s decision in the original case. But that doesn’t make her “less” qualified in her legal credentials. The court is split at this point with Kennedy as the swing vote. That’s about as good as it gets.
Good comment.
You have no idea what you’re talking about. I mean, literally, you just don’t.
Do you know how many decisions she has been involved in? Do you know how many of those decisions were then appealed to the Supreme Court? Do you know how many of those appeals were then even granted cert?
Learn about the Supreme Court, THEN opine on the “legal mind” you want elevated.
PS: Oops, that posted before I was finished. The only other thing? I had a sense the New Haven officials looked at the results, didn’t like what they saw, and decided to throw the results out. The firemen called foul. And I think they had a perfect right to do that. They got their day in court.
What trips me out after having read the decision, was that the people who designed the test INTENTIONALLY oversampled on minorities in both the written and oral parts to ensure that it didn’t discriminate. And they still got charges of racism thrown at them. The fact is this nation is in for a firsstorm concerning racial relations. And though I’m black, I’m sick and tired of these emotional weak-kneed guilty white people running around afraid to speak your minds.
I expect the race card to be dealt, what makes me mad is how people fold when it’s on the table. How will race relations in this country improve unless we confront the issues in open and honest manners?
That’s a puzzle for sure. The fact it’s so successful means no one has figured out how to counter it. After all, even the Clintons were called racist and their history with the AA community certainly doesn’t support the charge.
What would you suggest? Seriously? Right now, being white and being labeled a racist is pretty much the kiss of social and even professional death.
Shelby Steele would probably agree with you, but he doesn’t have a counter either - at least not from what I’ve read.
There was another item that caught my eye, xax, and that was someone else who testified for the City of New Haven, a professor of multicultural studies–she was from Boston, I think. But she flatly refused to look at the test, yet stated “all” written tests are inherently unfair to minorities.
I’m white. But you tell me–is that conclusion “not” insulting to anyone of color? I mean what–you’re black or brown, so automatically you can’t read or comprehend? Come on.
We twist ourselves into pretzels over these issues, forgetting that we’re more alike than different. Btw, I think you’re absolutely correct. Nothing will change if we continue to walk around on eggshells, so afraid to say what we think that we say nothing at all. Or we say stuff that makes no sense to anyone.
It comes down to lazyiness and taking the path of least resistance. That’s why they really hate this Ricci guy.
For some, it’s much easier to scream “institutionalized racism!” and make some calls to Al Sharpton and Jessie Jackson than to actually take personal and individual responsibility. You know, maybe spend a few hours a week improving your reading and writing skills instead of pointing fingers and blaming whitie.
But, as we saw from Ricci, that might actually take some hard work, perserverance and, gasp, setting aside some money to help you get to that goal. See, much easier to feign the viction and call Reverand Al. I might get what I want without having to put any extra work into it.
Sort of like Acorn and the banks and forcing them to make loans to people who otherwise shouldn’t be qualified to get a home loan. It was much easier to get ACORN and Reverand Al to whip up a shit storm and force them to make loans rather than having people save up and buy a home they could afford.
And in the end we all suffer, but they sure showed whitie, didn’t they?
i am in total agreement with texas playwright. study and take the test. i have had to study hard and work hard for everything i have. and i never expected to be given something just because i was a hispanic female. i do not believe in affirmative action. perhaps it served its purpose at one time, but, it’s time to do away with it completely!
I’m not. He will just use this as another excuse to lecture the populace to tears about a philosophy he has never lived, never studied, and never been an adherent of. At this point, I would pay good money if he would just dry up for more than 24 hours at a time.
It is time the merit system was restored. If you are incompetent, you don’t get promoted and if completely incompetent, fired for cause. We do not have the luxury of hiring and/or promoting people who cannot fill the position with competence. The current and predecessor Presidents are but extreme examples of this simple truth. Our economy and our very way of life is on the precipice. We really don’t need someone hired to meet some affirmative action goal to be in charge of an enormous task as righting the ship of state.
Affirmative action does not preclude merit-based advancement. An incompetent person does not gain from affirmative action; only the competent and qualified do.
I thought that we were a equal opportunity country. Why are race, religion, age a subject? The purpose of a civil service exam is for taking a written test and combining that score with the physical test, is the white man going to complain because the AA can run faster, so it is not fair???
The supreme court ruling should have been 9-0 in favor of reverse discrimination if following the constitution, oh thats right we don’t follow our constitution any more!!!
That is an interesting counter argument. Kudos to you, as you are spot on.
I love and respect firemen completely for what they do and risk everyday, but let’s get serious for a minute!
These are not Ivy league or even in most cases College graduates, well beofre the ecenomic meltdown anyhow!
To be a fireman in virtually every place in the US requires passing tests and having a valid drivers license and not a run of the mill drivers license, but one for driving heavy vehicles, which requires what folks?? A SPECIAL TEST!
What ramifications would have resulted from the SCOTUS siding against the test as discrimination, the flood gates would open and every single AA who failed any test could then scream out discrimination test.
Does it really matter? Ivy League? We have seem what the Ivy League has given us with the current and predecessor Presidents. I wouldn’t be too hard on those who actually perform a truly valuable service for our communities.
Competence is competence and when my house is ablaze, It won’t comfort me to know that some affirmative action promotee is in charge. I have a great deal of respect for firemen as they put their lives at risk every time some future Darwin-Award winner falls asleep with a cigarette in their hand.
I do agree with the rest of your argument, however.
LisaB, I see no problem paying a friend to create audiobooks to study by. Folks my not realize that people who have dyslexia often have a better ability to reatin and learn information via audio vs. sight based study. I was a JR in college before I was made aware being dyslexic. So much for the indexed mind.
I am wondering why the study material and test are not in the format to begin with. One can take there drivers license this way in California. Surely if I can drive I can run into a burning building.
If you want the best to rise to the test, there is no test that isn’t biased. for the last 20 years we have “been teaching to the test” in k-12, it is a fact tha socio-economics are reflective of the “mean” achievemnt levels for a given group. But they are not individual barriers and the test was given to an individual not a class of of people.
It would be interesting to see the depositions that where given by Americans of African desent in this case. They have a valuable experience to impart. If this nation is to be truely colorblind then it should not be a part of the cultural lexicon. It may take time.
Can a biased test be constructed for promotion in the fire-fighting profession? Can it really? I am having a difficult time with that concept. There are certain procedures that must be mastered and no amount of affirmative action will ensure that such is imparted to the prospective promotees. As I said above, if my house is on fire, I am not too concerned with affirmative action but fire-fighting action–this is what part of the taxes I pay go to ensuring. Merit is the only feasible way to ensure that only the best are in leadership positions. This is too critical a field to be so concerned with appearances.
For god’s sake. Suck it up and study. If you can’t handle the test, don’t take it and stay in the position you are most suited for. This discrimination shite makes me ill. For all we know of his background the brown clown is an affirmative action president. He needs a teleprompter to talk.
I concur. There are positions I do not consider myself to be suitable for and I never apply for them. It seems there are some, however, who apply for a position only to: 1) Create a fiefdom and ensure their continued employment, 2) Enable themselves to spread their anal-retentive notions of control to their fellow employees, or 3) Do unto others as they perceived was done unto them.
Those who truly want the position for the right reasons will neither sue nor complain if they fail but will study diligently and try again.
“brown clown”? Jesus christ, what’s wrong with you?
Common sense made a comeback when the SCOTUS ruled in favor of Ricci.
That they woke up for a New-York nanosecond is good news. Better news would be that they would swear to cease and desist from tossing and turning at the bench during proceedings and actually pay attention.
http://www.nhregister.com/articles/2009/07/01/news/new_haven/a1-firebirdsrespond.txt
This is an article about what the AA firefighters in New Haven are thinking in the light of the recent SC decision.
New Haven has spent a great deal of money on its school system. The City is in the process of completely overhauling all of its school buildings and facilities. While there are local private schools, many Yale faculty members send their kids to the New Haven public schools, because they are excellent. There are well qualified teachers and many cultural programs available to New Haven kids that other towns can’t afford. If you want a good education and you live in New Haven, you can get it through the New Haven public schools. This isn’t a city in which AA kids are not given opportunities. The question is do they take advantage of those opportunities?
Also, the test that was prepared for these firefighters was prepared after much research into the actual workings of the the NHFD. It was not an arbitrary test provided by a group who had no understanding off what the requirements were in NH to do this job. It was approved by the white Fire Chief and the black Assistant Chief before it was administered. As a result, even if the AA firefighters do sue, they are not likely to succeed, since part of the discrimination laws deals with intent. Clearly, a strenuous effort was made to create a fair test; that undermines any claim of disparate conduct.
The bottomline remains what are the requirements of a job and how do you predict success in that job? Tests are not perfect; but they have been proven over time to measure skills. The color of a person’s skin is not a measure of skills or success. I support Affirmative Action, as it was intended….to provide opportunities for “equally qualified” people who have been historically disadvantaged. When you give a test based on materials and experiences available to everyone and then hold two groups to different standards of success, you are not applying the principles of affirmative action. You are discriminating in favor of one group over the other. Sadly, that has happened so often that now affirmative action is almost unrecognizable….
I wish the SCOTUS vote had not broken down along liberal/conservative lines. I don’t see this as liberal v. conservative. I would have voted with the majority. New Haven was wrong and their action was an insult to blacks.
Now here’s the tough question. If New Haven had special training for minority applicants so more passed the test, would that discriminate against whites? No — that is constitutional under the ‘compelling state interest’ principle. It might be unfair to an individual white applicant, but it would serve both state interests of producing qualified firemen and increasing diversity.
Take my younger brother and my late older brother. Same parents, same environment. Dead brother — prison, drugs, violent crime, overdose. Younger brother, criminal justice degree from Northeastern, now a private investigator. 6′3, 250 lbs, all state football player, black belt in martial arts. Yes, there’s a compelling state interest in not having my younger brother turn out like my older brother.
As for Obama being an ‘affirmative action’ President? No, he’s just a typical politician. You’ve heard the expression ‘never give a sucker an even break?’ American voters are suckers — we vote based on who we ‘want to have a beer with.’
I agree, the purpose of affirmative action has been corrupted into a political tool used for the advantage of some over others based on genetics. Exactly what it was supposed to prevent is what it has become.
[...] “SCOTUS and Ricci,” by LisaB, June 30, 2009: [...] I’ve heard many arguments about the test used with some arguing that “stereotype threat” was part of the problem as well as the possibility that majority AA schools - because of historic discrimination - are not capable of preparing students for such tests and so AA test-takers are disadvantaged. Some also argue that one of the plaintiffs clearly had an advantage because he could take time off to study for the exam. That same plaintiff also paid a friend to read manuals into a recording because the firefighter has dyslexia. [...]