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Firefighters and the Simmering Race Problem
When you first look at it, the lawsuit brought by eighteen white firefighters against the city of New Haven doesn't seem relevant to everybody's daily life. But it is. The central dispute in the case is over race and how it affects who gets hired, who gets promoted, and why. Let me summarize the facts before looking deeper. We have to look deeper, though, because the stalemate in race relations must be broken somehow.
The case is well known by now. In 2003, the city of New Haven devised a promotion test for their fire department. They thought the test was unbiased, but when the results came in, no black firefighters passed, which meant that no black fireman, however long his experience, could be raised to the rank of lieutenant or captain. (One Latino fireman, who joined the lawsuit, also passed the test.)
It was a classic affirmative action divide but also a case of "damned if you do, damned if you don't," as the Supreme Court pointed out last week in its various decisions and dissents. Faced with a possible lawsuit from white firemen if they threw out the test and from black firemen if they didn't, the city canceled all promotions. They got sued anyway, and the Supreme Court, divided 5-4 between the liberal and conservative wing, ruled in favor of the white firefighters. The Civil Rights Act of 1964, said the court, can't be overridden by deciding to do nothing. Now the case has been returned to the lower courts to be retried.
I think all of us should ask, who was right here? Can anyone's conscience be certain? Just last week the Supreme Court was so anxious about racism returning to elections in the South that they refused to release Southern states from special scrutiny under the Voting Rights Act. But this isn't solely a Southern issue. There's a simmering resentment about affirmative action in this country, four decades after the practice, which was meant to be temporary, began.
Looking deeper, I don't think this is a case about racism. It's a case about doubt, impatience, exasperation, and false promises. Everyone wants discrimination to come to an end; everyone acknowledges that the process takes time. But hope and good wishes aren't enough. On the side of the white majority, you can't mandate equality and then live so unequally that black education, housing conditions, and social status are totally unequal. On the black minority's side, you can't ask for special treatment without any end in sight.
What bothers me about the New Haven case isn't that somebody might get treated unfairly, although that's a serious concern, of course. It's the sad fact that no black firemen passed the test. One sees, with a mixture of guilt and sympathy, impatience and resentment, that fifty years of mandated equality has come nowhere near the ideal. Black ghettos are more isolated than ever, with entrenched behaviors ranging from drug peddling, street crime, and hatred of the police, to reverse racism that blocks any significant progress. One sees on the White side a lingering racism, desire to hold on to power, social suspicion, and fear. Barack Obama eloquently addressed this during his campaign speech on race last spring.
The central point of the speech still holds good. Both sides of the color divide have their grievances; both sides are justified; both sides need to get over it with as much good will and honesty as they can muster. The New Haven firefighters case doesn't help, and one can only hope it doesn't incite a wave of discriminatory hiring. (Not just municipalities are affected. This case affects hiring, firing, and promotion in the private sector, too.) The good thing about the case is that it reminds us, not of the racist past, but of the difference between telling minorities that they are equal and making that equality real in everyday life. Closing that gap is something we can't shirk, no matter who wins in court and who loses.
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One major flaw has been ignored in this case; union solidarity or the lack of such. I fault the leadership of the IAFF for failure to educate the white firefighters on the value of unity and solidarity.
Unfortunatley the IAFF not only in New Haven but also in Chicago, and in Boston has a very long history of racism and not protecting the rights of eithe African American, female or Latino firefighters.
In my years of labor union experience the one who could perform the job who had the seniority got the promotion. Thus ending favoritism in promotions. The fact that I may have 20 years of seniority didn't mean much if I could not perform the job!
To all of the naysayers out there claiming that the white and black firemen had equal wealth because they earned roughly the same salary and that whites do not benefit from formal or informal networks, read this and weep (from Slate):
Many of New Haven's white firefighters live outside the city, in Connecticut suburbs like Wallingford (95 percent white), where Frank Ricci has a home; Guilford (94 percent white); and Madison (97 percent). New Haven, by contrast, is 44 percent white, about one-third black, and about one-quarter Hispanic.
the family ties of men like Heins and Ricci link them to a network of influence that only white firefighters can tap into. "If you look at the history of the department there's a group of folks, their fathers, their grandfathers, their uncles—they're all part of this network,"
the union, which represents all of the city's firefighters, has used its dues to support the Ricci plaintiffs. A federal judge later dismissed the union's suit, ruling that the union couldn't take sides because it had an inherent conflict of interest.
Some blacks do prefer to live in a "black" neighborhood, but it is only whites that live in a "white" neighbor hood are racist. Because whites live in suburbs makes them racist how or more inclined to be promoted?
"If you look at the history of the department there's a group of folks, their fathers, their grandfathers, their uncles "they're all part of this network," Because a fireman emulates their fathers, grandfathers and uncles means they are racist and are being treated more fairly than blacks? What it should tell you is how proud each generation is to be a firefighter and the family dedication and work that these fireman chose to pursue.
Ms. Black America contest, or is that just black racist network? 95% of a basketball team black, isn't that racist? And BET? Do these groups display "overt" racism? No they don't.
What was on this test that made it a black or white issue? How can questions regarding your job be considered racist? If a black person fails it's racism. If a white person fails it's because they weren't qualified. Fair?? And wealth has what to do with passing a test? Don't they have librairies and tutors in New Haven?
A footnote--when my husband came back from Vietnam he was allowed to take veteran's preference for a job which gave him a hand up for employment, but also had to be qualified for the job. I can't tell you how many found that to be "unfair".
I seem to remember New Haven, Connecticut being a college town, specifically for some school called "Yale University."
You don know that firefighting is a unionized civil service job where pay rates set by the city have to be voted into effect by the local AIFF chapter, right? Based on that, the only guys in this situation I can see making more money to begin with were lieutenants hoping to make captain.
African Americans have successfully integrated into mainstream from DMV jobs to black-only sitcoms to President of United States. Therefore, affirmative action can only be viewed as a power grab and entitlement privilege for those unwilling to compete on a level playing field with the rest of America.
While I agree that wailing about persecution based on membership in a subgroup mentioned on a labor law poster is underhanded and reeks of self-righteous entitlement, it would be more accurate to describe affirmative action as the equivalent of an entertainer's Big Break: it merely opens the door, and you're still required you to have the talent and skill to show you belong there. I cite as evidence the present-day publishing industry, which now has this soft bigotry against writers whose own biographies aren't fantastical and exotic. How often have we been treated to stories about bogus memoirs, even though such falsehoods still prove those authors can actually write well?
Affirmative action can be justified in work categories where a pattern of preference ( or exclusion) based on race has been established. And that should nor preclude areas of preference stacked against whites.
In addition the concept of a "minority" has to be eliminated.
For instance, in some areas of US whites are a minority.
It is time to update labor laws to reflect the current realities, not protected political turfs.
Since when has the playing field been level? When did racism end in America? Please indicate the event and year in which racism ended? Tks.
Do you mean a level playing field, for whites, blacks, hispanics, or any other ethic group? Are you speaking of white racism, black racism, hispanic racism, chinese racism, etc.
Tammeny Hall and Cosa Nostra wrote the book on affirmative action in the Northeast.
Those who are truly gifted, talented and ambitious will always find a way to excel and not wait on any program or a hand out. - regardless of race. However, affirmative action is vitally needed for those who are just plain average or have "commodity" skills. In other words, affirmative action allows mediocre minorities to compete with mediocre white males for the same mediocre jobs.
In the context we are discussing, we're not really talking about mediocre jobs, are we? We're talking about promotions to high rank, lieutenant and captain. That certainly doesn't sound like mediocrity.
For that matter, firefighter does not sound like a mediocre job at all. I'm opposed to affirmative action "quota" hiring, but if you have an argument to make for it in regard to paper pushing, "mediocre" jobs, I'll listen. Firefighters are responsible for peoples' lives. If my family is trapped in a burning building, I want the best and brightest, not the affirmative action hire, going up that ladder to save them.
Well said
I don't disagree. Firefighters don't fall into the rhelm of mediocre jobs. Unfortunately the city of NH attempted to do so. I'm sure any of those highly talented candidates could have found promotional opportunities elsewhere if they didn't want to wait around for the SCOTUS decision,
As far as context, I think Deepak used it as a backdrop and didn't put into context what the jobs in NH entailed. He conveniently used the timing of this case to make a point he probably wanted to make anyway. Additionally, all the commentary below speak very little to the case at hand and more to the general nature of affirmative action - pro, con, and irreverent. It was to the general nature of the discussion to which I referred. Your 9 to 5 jobs is where affirmative action is still needed because, let's face it, racism/gender bias does exist in organizations/corporations whether we admit it or not. And it is in those every day jobs that the playing field is not truly level.
As a side note, the military has no formal affirmative action programs in its recruiting, job assignment and promotions. It's various branches administer promotion tests (for enlisted) and it promotes according to merit and performance. The best and brightest rise to the top and serve in positions of major responsibility. Too bad state and local governments don't have an equivalent system - placing firefighter and police positions in the line of fire without any concern for public safety.
I support the fight to eliminate thousands of years of unfair discrimination and god ol boys club.
From now on, black should move first in chess.
Someone mentioned there was a new test used. Link anyone? Thanks~
The concept of "race" is flawed and thus a WASTE of time. Race can only describe physical parts of and invidual, there is nothing physical about intellect. After re reading Sojourner's Truth, "Aint I am woman" today I've been reminded that intellect can come in all shorts of shapes and sizes. This woman was over 6 feet tall, cut like a body builder from slave labor, had 13 children she'd never come to know and yet standing there belting out to women the hypocrisy of men at their time due to their position of female equality. Without being able to read or write her words still cut, making relevant arguments all while standing up for the right thing. To be treated like a human being at the end of the day. If the same books to study were used, the same test given to all..the same everything..what can be said of all the men failing? I'm hating the connections being used to somehow attribute this mess to all what's considered "black folks"..we need a revamp on this race thing, how else could this be addressed? Deepak you almost insinuate that AA firefighters being more subceptible to deteriorating conditions really contributed to ALL of them failing? As long as they were all given the correct, up to date material to study, equal access to any studying resources..they should have passed the test. There are so many other factors here. Would really like to know this entire story.
One significant element has been ignored in this opinion.
The concept of hard work.
A fireman with a learning disability was able to ace the exam due to hard work. Simple. What was his reward? Denied promotion because OTHER FAILED to study hard. How unfair is that!
So here we have an example of a person with a handicap excelling and an example of people with no handicap failing.
Who deserves a promotion? Whose behavior represents lack of demonstrable leadership?
Who is more deserving of respect from their peers?
In indian American community the ethos of hard study and work is alive and well. I know this from personal experience as my partner is Punjabi.
And yet despite being the "brown" minority, few Indian Americans cry "discrimination," but more often cry "Study harder."
Why not advise such behavior to those unwilling to study harder?
The ESSENTIAL question/ discussion of "RACE" that is NOT discussed... A Person of African Ancestry, with black skin tones comes to the USA... Another born and raised in Great Britain does also...How about another born and raised in Sweden...
None speak like an American BLACK person... None behave like an American BLACK person... They may even be told they are to white (of behavior) or sound to "whitey"... Who decided American people with black skin tones are the "qualifier" for what is, or isn't, "BLACK" or "BLACK" enough??? That qualifier is even cited as more important than being a true black skin toned, African, native...
Does one have to axe people, instead of ask people, to be "authentic" black? Noun 1. Ebonics - a nonstandard form of American English characteristically spoken by African Americans in the United States... Soooo.... To be "authentic" black one has to speak different? How does a good education make someone with black skin tones sound "white"??? If black, white, yellow, red and brown skinned children all in the same class, all get well educated, how does that make the educated child "White"???
Is it the body and skin color that makes the person? Or, is the person inhabiting a body colored? What is an "Authentic" BLACK person, or is that simply a cop out label? Is that why the MSM goes to Jesse Jackson, Sharpton, or Michael Steele to ask them about anything connected with "BLACK"... They're authenticators?
The US has been saddled with Affirmative Action for the past 40 years. All it has ever been is a lame excuse for quota groups to blame all their own problems on some imaginary white boogyman. If you can't do it in 40 years, your not going to do it in 400 either. Lowering the bar to accomidate special interest groups is not the answer.
As a member of a minority group and in my middle 50's I take "affirmative action" in stride. I've seen plenty of bias in my time and can unequivocally state that it is REQUIRED for educational purposes. The public educational system is a microcosm of race relations in our society and is the perfect example for affirmative action. In theory it should set up a level playing field before minorities enter the work force.
Race bias will exist no matter what the law states. It’s up to each of us to make our way through the system and try open paths for those who follow. We need to make sure there is a mechanism in place to insure everyone has the proper foundation.
The Connecticut issue has happened before and will happen again.
I'm very disappointed in Mr. Chopra's fact gathering. Not once, but twice in this brief article he declares that no Blacks passed the test. This is untrue. If you read the SC decision, you'll see that 6/19 Blacks passed the lieutenants exam and 3/8 passed the captain's exam. The issue is that none placed high enough to get promoted via the "rule of three" agreed upon in collective bargaining. (Rule means that a promotion did not have to go to highest test score, but did have to go to one of the top three. In this case, there were 8 liuetenant and 7 captain openings, meaning the top 10 lieu scores and top 9 cap scores were eligible. All 10 lieu top scorers were white. 7/9 top cap scores were white and 2 Hispanic.)
For those complaining that this suit is just the "white majority" struggling to hold onto power, ask yourself what you would have done if you busted your a$$ to get one of the top scores but were told you could not have the promotion because of your skin color? I bet you'd sue too.
Thanks for that info, GHO.
I too was disappointed in Mr. Chopra (for using the meaningless and misleading term "reverse racism").
Very informative post. Thank you.
Study materials are available for most if not all civil service tests. One of the firefighters who brought suit was dyslexic and spent a great deal of time preparing for this test and passed. If this gentlemen was capable of passing with his handicap then perhaps the people who failed just didn't prepare themselves for this test. I
Discrimination is such a deep rooted problem that its going to take time to work out the bugs. 1964 was just 9 years before I was born and I'm still fairly young. About 240 years of slavery, and 100 years of Jim Crow tends to smart a little. 45 years is a short time to climb out of a hole created by 350 years of inequality. To add insult to centuries of injury people in modern times...I wont even go there right now.
In the meantime, we still have to get past the keepers at the employment gate who are in many cases, white, male and straight. Who knows why they were eventually legislated into fair hiring practices? Perhaps they were not hiring a fair ratio of women, gays, minorities of all races etc? Why were they not doing that? I'm pretty sure a lot of people agreed that something was rotten in the state of Denmark if they had to be MADE to fairly hire people. Perhaps people began to notice the bosses were all the same description? Hm. Mystery.
I hope you would have a similarly broad attitude if denied promotion because of your race.
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