
To read this column, just click on the picture of it.
The white firefighters who scored high on New Haven’s promotional exams understandably attract this Court’s sympathy. But they had no vested right to promotion.
... (the Court) ignores substantial evidence of multiple flaws in the tests New Haven used. The Court similarly fails to acknowledge the better tests used in other cities, which have yielded less racially skewed outcomes.
The Court’s recitation of the facts leaves out important parts of the story. Firefighting is a profession in which the legacy of racial discrimination casts an especially long shadow.
A person claiming that an employment standard has a disparate impact based on race, color, sex, national origin, or religion must demonstrate factually a disparity of legal consequence before the law will require an employer to demonstrate business necessity. A person who has established such a disparity is said to have established a prima facie case of discrimination. In evaluating whether an employment standard has a disparate impact, a mathematical comparison must be made of a particular group's success rate in regard to the standard versus the success rate of other groups.
Observance of Title VII’s disparate-impact provision ... calls for no racial preference, absolute or otherwise. The very purpose of the provision is to ensure that individuals are hired and promoted based on qualifications manifestly necessary to successful performance of the job in question, qualifications that do not screen out members of any race.
If an employer reasonably concludes that an exam fails to identify the most qualified individuals and needlessly shuts out a segment of the applicant pool, Title VII surely does not compel the employer to hire or promote based on the test, however unreliable it may be.
In choosing to use written and oral exams with a 60/40 weighting, the City simply adhered to the union’s preference and apparently gave no consideration to whether the weighting was likely to identify the most qualified fire-officer candidates.
Courts have long criticized written firefighter promotion exams for being “more probative of the test-taker’s ability to recall what a particular text stated on a given topic than of his firefighting or supervisory knowledge and abilities.”
In his article “The changing face of Hamas” (Views, April 13) Paul McGeough mentions that for all the changes he saw in Hamas, its leader Khalid Mishal answered “No chance” when asked if his organization would consider changing its charter, which calls for Israel’s destruction.
What McGeough did not mention is that Hamas views all Jews, and not just Israel or Zionism, as its enemies. Its charter goes to some length (Article 22) to state its views on this. According to Hamas, the Jews (together with the Masons) were responsible for the French and Communist revolutions; they instigated World War I in order to destroy the Ottoman Caliphate; they instigated World War II in order to make money out of trade in war materials; they control world finance and the media; and they have established numerous secret organizations (like Rotary and B’nai B’rith) in order to achieve world domination.
Some of this is straight out of the anti-Semitic literature of the “Protocols of the Elders of Zion,” and some of it — especially the references to the two World Wars — is the original contribution of Hamas ideologues. Compared to this, Austria’s Jörg Haider and France’s Jean-Marie Le Pen, or even the Ku Klux Klan, are moderates. If any organization in Europe or the U.S. used such language in its founding document, it would be viewed universally as beyond the pale.
Such views cannot be part of any political discourse, and these are the issues which have to be raised with Hamas leaders by anyone who cares for peace in the Middle East. It is regrettable that McGeough chose not to do it.
French forces detained 11 suspected pirates during an assault on what they described as a pirate “mother ship” in the Indian Ocean off the eastern coast of Somalia Wednesday, less than 24 hours after an American cargo ship was attacked by pirates in the same region. The French forces initially responded to a distress call from a Liberian-flagged container ship, the Safmarine Asia, which came under attack by rocket-propelled grenades and gunfire from two small pirate skiffs Tuesday night. A helicopter from the Nivôse arrived on the scene and observed the skiffs retreating and returning to the “mother ship” — actually, a 30-foot boat — which was being used as a floating base about 460 miles off the Somali coast, according to a statement by the European Union’s Maritime Security Center. The French forces then mounted their assault on the boat on Wednesday, and found a range of firearms and equipment on board along with 17 barrels of fuel. The Nivôse took the boat and the skiffs in tow and made for the port of Mombasa, Kenya, the Maritime Security Center said. Once it arrives, the detainees are expected to be sent on to France to be prosecuted.
White House spokesman Tommy Vietor said that although progress has been made in revising the draft text, concerns remain. "We hope that these remaining concerns will be addressed, so that the United States can reengage the conference negotiations in the hopes of arriving at a conference document that we can support," he said.
Last week a bipartisan group of House members sent a letter to Obama congratulating him for deciding to boycott the meeting, which is scheduled to begin Monday.
"We applaud you for making it clear that the United States will not participate in a conference that undermines freedom of expression and is tainted by an anti-Zionist and anti-Semitic agenda," said the letter signed by seven members of Congress.
Israel and several Jewish advocacy groups have urged the United States and other nations not to take part in the conference. Canada and Italy have said they will not attend, and several other U.S. allies, including Australia, are considering not participating, according to representatives of several advocacy groups.
If left unchallenged, the Bush administration's deliberate misrepresentation and frequent outright disregard of science advisory processes will have serious consequences for the nation's economy, health and security. Chris Mooney has opened a window to reveal the extent of the anti-science bias in government policy making.
BERLIN/HAMBURG (Reuters) - Germany will ban cultivation and sale of genetically modified (GMO) maize despite European Union rulings that the biotech grain is safe, its government said on Tuesday.
The ban affects U.S. biotech company Monsanto's MON 810 maize which may no longer be sown for this summer's harvest, German Agriculture and Consumer Protection Minister Ilse Aigner told a news conference.
The move puts Germany alongside France, Austria, Hungary, Greece and Luxembourg which have banned MON 810 maize despite its approval by the EU for commercial use throughout the bloc.
"I have come to the conclusion that there is a justifiable reason to believe that genetically modified maize of the type MON 810 presents a danger to the environment," Aigner said, stressing the five other EU states have taken the same action.
The EU Commission, the bloc's executive arm, has tried without success to get the bans in other countries lifted and on Tuesday warned it would examine the German decision.
"The Commission will analyse the ban by Germany with the adequate scientific information support and the Commission will decide on the most appropriate follow-up towards this situation," Commission spokeswoman Nathalie Charbonneau told a regular briefing.
Monsanto spokesman Andreas Thierfelder said the decision was unjustified and no supportable scientific reasons for the ban had been given. Should the ban be confirmed, Monsanto would consider legal options with the goal of enabling GMO seeds to be planted for this year's harvest.
Ferdinand Schmitz, chief executive of the association of German seed producers, said the decision was arbitrary and would damage Germany as a location for research.
Schmitz accused Aigner of trying to score points with voters in the upcoming European parliamentary elections and said banning seeds already approved as safe could generate legal action for compensation.
President Barack Obama's visit to Europe afforded us an opportunity to gauge the strengths and weaknesses of his style in operation. And, even though he has almost attained the Holy Grail of public relations—in other words, he is practically at that ineffable and serene point where he gets good press for getting good press—there may come a time when even his trans-Atlantic admirers will have to take a second look.
Heaven itself is ineffable, beyond words. The term ineffabilis was established in theology in the fifth century by Augustine (354-430), who said that it is easier to say what God is not than to say what he is. God is not only incomprehensible to humans but is himself beyond all categories; heaven is therefore also beyond categories. Yet we have no way of discussing heaven except in the only speech we know, human language.