Continuing the conversation

Cross-posted in the comments at DconstructingD; responds to D's comment on this post of mine:

Hmm. We seem to be partly talking past each other. The idea that kids are more civic-minded -- or "a generation of polite, smart, civic-minded Kevin Arnolds", is completely besides the point of my argument. The main problem I have is with people justifying their complaints with "it wasn't like this when I was younger" or some such. Your preferences as a consumer, citizen, etc. are perfectly reasonable and I have no particular issue with the things you named. They may not be my preferences in all cases, or my concerns, but I have zero issue with you having them in itself -- it's the idea that in a past age things were simpler or better or more civil that I take issue with. And not even the simple idea that they may have been -- but rather that arguments that things were better are near-uniformly backed up with, not evidence, but anecdotes, assertions and personal memories. I also find the idea that family life was "simpler" rather than full of different problems to be uncompelling; there are a number of added complexities in today's life, but every generation pretty much has faced more complexity than the previous in certain terms; I don't think we can assert a secular progression in the complexity of family life without defining a lot a lot of terms. The proliferation of information and media don't mean life or relationships were less complicated--for example, there are assuredly certain things in life made more simple by not, for example, owning indentured servants or worrying about slave revolts or attacks by the indigenous peoples. We have a complex war on terror, but don't see armies advancing throughout Europe; we have nuclear proliferation, but the risk of nuclear annhilation seems to have decreased from Cold War brinkmanship. We have venereal diseases, but AIDS is no longer a death sentence.

As far as the civic-mindedness of kids these days, I'm not arguing just from personal experience. There actually are several articles (popular and, I think, scholarly, though I don't feel like searching) that have made this argument; indeed, they made it before I believed it. I was equally skeptical. But my students today are quite different than my students 7 years ago, and much much different than my fellow students when I was in school. I vividly remember in the 90s how completely uncool it was to care about anything. This was clearly different than how the 60s and 70s were portrayed, and certainly, the amount of overt political activity on U of M at least decreased dramatically from the 60s to the 90s. I would argue the 90s were more apathetic than usual; some, and FAR from just me (other faculty, as well as several journalists) have argued the pendulum is swinging the other way. As far as I see it, the jury's out, but this isn't my assertion only, it's a number of people's. And it's certainly plausible -- I think the most likely mechanism is that only a minority of people (or kids) are usually politically active at any juncture in history; in the 60s this minority may have swelled to be more significant; during the 90s I would near guarantee that it decreased; there are signs, far from concrete, that it's back on the rise.

It seems like you and I have been talking past each other in our discussions for months now, I don't know why -- your focus wasn't so much on "kids these days" and insofar as it was it was somewhat tongue-in-cheek; my focus wasn't on how kids were objectively better, and I *certainly* never claimed they were uniformly a group of nice Kevin Arnolds (and I firmly remember Dennis the Menace in several incarnations, thank you! :) My larger point is that if one wants to complain about an issue at hand, that's fine and even often laudable/important/necessary; but the assertion that things were better before is both unnecessary and, I think, largely a product of age and not fact. If one wishes to seriously assert that things are qualitatively or quantitatively different, it should require evidence.

My point was that Language Log and other posts have shown that these concerns are perennial, and as they point out in the comments, if it were indeed true that each generation was losing something over the previous generation, then since the complaints heard of insufficient reading and respect to elders in Sumeria, Rome, and Egypt means that, even at some small objective decline of, say, 5% or less per generation, we would now be at approximately 0.01% of the civility or what have you of Rome. The details of whether or not kids or people are more or less civil would require lengthy debate, but I certainly wouldn't argue it's because they're inherently more beneficient--your point that less-racist kids would be a product of their parents' upbringing is, to my mind, clearly a big part of the truth. But the source doesn't affect the existence (or non-existence) of this quality. Kids have mocked each other with racial, sexual, etc. slurs for time immemorial. I don't know that they do it more or less, though perhaps more openly.

Anyway. I don't know why this is the second or third or fourth time we've had a version of a debate where we seem to not be getting each other's points, but I rather enjoyed it more when we were amplifying each other's ideas rather than deconstructing them. It's important to do both, to be sure, but I still prefer the former :) I don't disagree with a number of the things you find bothersome or disturbing, I do on others. As far as this generation, I'm not the first to have thought things are changing among them, nor the only one, and I think the data would back up a change in attitudes, though perhaps not action. I can't make a strong case of this, but as it's based on more than just my own experience, it takes a faint stab at what I'm asking for. I would say that if I wanted to be taken seriously, I need more evidence--just like if I wanted to seriously argue that they are worse. After all, things *do* change, I just think it occasionally behooves us to define what we think is changing and back it up.

Occasionally, but not always, and especially not if the point we're (or you're) making is really something else :)

More on Ricci v. DeStefano from another forum

J-Friend EssEee said:

Jumping in late here... Has it been demonstrated in any valid way that the test was, in fact, flawed. Or is it merely a case of the results pointing to the possibility of a flawed test?
From my limited knowledge, it appears that the city said "This is the criteria used to determine promotions." and when the results came back and too many people of ... Read Morethe "wrong" race met the criteria, the criteria were changed. Without demonstration that the original criteria were flawed, it seems to be flagrantly a matter of discrimination.

J responds:
(as often happens, I don't get to my point until I ramble through a lot of "thinking out loud." As I occasionally do, I'm reposting the conclusion at the top because I think it contains a brief summary of all the words I wander through to get there. So feel free to read the whole thing, but here's the gist:)
So I argue: can one have a test that discriminates along race but is not itself discrimination or resulting from the structures of racism? I think this is unlikely. And if it is possible to use an alternative but equally or more valid test of ability that doesn't divide along race, how does that compare to the original? If the original is fair does that make the alternative "hyper-fair"? Or if the alternative is equally or more valid, does that mean the original is discriminatory? I think this is an important question to ask. Some argue that looking at the result they got in terms of race and saying you will re-test is discriminatory in itself. I argue that looking at the result and not re-assessing the evaluation to see if there's a better way to do it is racist, because if there's a better way to do it that doesn't end up segregating racially, that seems to de facto mean the original way is flawed. I mean, they can't both be true, can they? If one test yields more racially balanced results, and is a reasonable test of ability, but another test yields racially segregatory results, can this other test also be considered a reasonable test? How can two reasonable tests give different results? And if two reasonable tests do give different results but one favors racial equality, is it racist to demand that test be used (or at least such industry-common alternatives tried)? How do we analyze a situation like this (which seems likely to be what would happen)?

I will say that I'm somewhat rather swayed that those who prepped for the test extensively are owed some kind of recompense, because institutional racism is not their fault, but I don't know that they're owed a promotion. (And if I were ruling the world, the way they'd get recompense would likely be cuts in everyone's salary to pay for a proportional compensation for them, since it is everyone's responsibility in society to agitate for racial equality, though of course in real life, this would just make everyone hate everyone... though that seems to be likely in this case anyway.)

Well I'd challenge you on that EssEee, though I'm fairly sure you'll still disagree. The criteria for discrimination is "disparate impacts", that is, if different races are affected differently, there's a prima facie reason (to my understanding) for assuming discrimination. This was instituted such that people couldn't (consciously or unconsciously) ... Read Morediscriminate after Jim Crow was struck down by trying to tailor tests towards one race. It seems fairly clear, in this case, it *was* tailored towards whites, completely inadvertently, given that it tested (seemingly) esoteric knowledge of the characteristics of fire over practical experience, and the whites were MUCH more likely to be nth generation firefighters, and therefore to possess (or have easy access to) such knowledge.

To me the question I suppose is what do you count as discrimination? The biggest problem this day & age is institutional racism, imho, which is racism inherent in the structures of the society we've built today. You don't have 300+ years of de jure racism without a lot of de facto racism becoming part of the culture and its institutions. To me, there's a good argument for looking at all institutions critically from the standpoint of race & sex, because they were founded on assumptions of inequality, and getting rid of the *rules* of inequality doesn't ... Read Morechange that the institution was founded in it and therefore is likely to have understructures of power favoring one race or sex. In any case, the argument is that if a test affects one race completely differently than another (as seems the case here), it's likely there's a discriminatory factor. After all, there are 3 Occam's Razor type conclusions to be drawn: 1) The white firefighters are inherently more qualified (as measured by the test); 2) they worked harder as a group than Latinos and Blacks; 3) the test (likely unintentionally) exploited factors that aligned racially. The fourth, that it's random chance, seems unlikely given the numbers.

And one has to admit, I think, it's quite possible that the test did discriminate based on racially-aligned factors that are non-obvious . (I guess one of a more libertarian ilk might argue that's tough crap, that society is only responsible for intentional racism and inadvertently racially-aligned factors are not germane, but I could go on for two... Read More pages on why I think that's completely faulty reasoning.)
I guess I'd pose a couple questions on this basis: 1) Is it possible for the city to want to redo the test, purely based on race, because the test *in its results* seemingly discriminated? Aren't results that break too-neatly on racial lines automatically suspect, whatever the cause? In effect, is wanting to redo it simply because not too many of the "wrong" race met the criteria but because only ONE of the non-white races qualified? After all, that's the issue -it's not that the wrong people won, it's that one race all but COMPLETELY dominated promotions. 2) If it is automatically racist to want to redo it just because the test broke down (I would bet) non-randomly along the lines of race? (That is, I bet the chances of getting these results at random from a fair test is very low, so one must assume systematically lower qualifications among the blacks and hispanics or assume the test is inherently unfair.) If this is true, that it is racist to redo the test simply because a not representative enough x-section was promoted, in otherwise, racism can happen in advancement of a fair goal (equality in promotion), then it seems to me it must be equally true that it is inadvertent racism to presume a test is fair and that blacks and hispanics were systematically under-qualified. That is, if it's racist in the pursuit of diversity to re-do a test that, unintentionally or not, strictly divivded on racial lines, then to me it is equally (if not more) tenable to argue that a test that strictly divides along racial lines is de facto racist, unless it can be shown that there's not a different, equally or more valid way to conduct the test that does not break down on racial lines.

In the end, that is my understanding from Richard Thompson Ford of the law -- if there is a way to do it that does not break down racially that is equally or more valid, then it is discriminatory to use the method that does break down along racial lines, even if unintentionally. To me, there are two burdens of proof, a different one for each side: for those who want to redo the test, that the test is unfair in some way; for those that want to follow the results, to prove that the reason it broke down racial lines is skill-related. If both sides fail to prove their contention, I'd argue that the compelling interest of society in having its services reflect its own diversity carries the day. All this is to say, I would (I have to admit, at least now that I've considered all the factors) have to say it would be equally racist if only blacks passed and the test wasn't reconsidered. I mean, think of that -- would you assume the test was fair if only blacks and hispanics succeeded in promotions and only one, or no, white people succeeded? I would think that's suspicious on its face as well.

In the end, I think it is simply wishful thinking to equate "discriminating" in order to achieve racial balance the same as doing so to achieve segregation. One cannot correct a society that was biased along color lines through a color blind approach. You cannot expect all social starting points to be equal while Jim Crow (legal segregation) is still within easily living memory. MLK, often quoted for his "dream" of all living in harmony, did not seem to believe this would be achieved through colorblindness:

Many of the ugly pages of American history have been obscured and forgotten. A society is always eager to cover misdeeds with a cloak of forgetfulness, but no society can fully repress an ugly past when the ravages persist into the present. America owes a debt of justice which it has only begun to pay. If it loses the will to finish or slackens in its determination, history will recall its crimes and the country that would be great will lack the most indispensable element of greatness — justice.
o Where Do We Go from Here : Chaos or Community? (1967), p. 109

Can it be this "debt of justice" can be paid simply by ignoring race? That doesn't sound like in any way paying a debt to me. He further said:

If a city has a 30% Negro population, then it is logical to assume that Negroes should have at least 30% of the jobs in any particular company, and jobs in all categories rather than only in menial areas.
o from a 1968 Playboy magazine interview

This is certainly an "argument from authority," but I use it because MLK is so often used to argue for a race-blind society. Can anyone doubt from those two quotes alone that he meant for an equal society to come about by not challenging any institution that has, say, a 30% black population but not 30% blacks at all levels? That he would say the solution to that is not action and re-examination of the method of determining it, but simply, I don't know, hard work and better luck next time?

have tried to make clear that it is wrong to use immoral means to attain moral ends. But now I must affirm that it is just as wrong, or perhaps even more so, to use moral means to preserve immoral ends.

This is no time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism. Now is the time to make real the promises of democracy. Now is the time to rise from the dark and desolate valley of segregation to the sunlit path of racial justice. Now is the time to open the doors of opportunity to all of God's children. Now is the time to lift our nation from the quicksands of racial injustice to the solid rock of brotherhood.

So I argue: can one have a test that discriminates along race but is not itself discrimination or resulting from the structures of racism? I think this is unlikely. And if it is possible to use an alternative but equally or more valid test of ability that doesn't divide along race, how does that compare to the original? If the original is fair does that make the alternative "hyper-fair"? Or if the alternative is equally or more valid, does that mean the original is discriminatory? I think this is an important question to ask. Some argue that looking at the result they got in terms of race and saying you will re-test is discriminatory in itself. I argue that looking at the result and not re-assessing the evaluation to see if there's a better way to do it is racist, because if there's a better way to do it that doesn't end up segregating racially, that seems to de facto mean the original way is flawed. I mean, they can't both be true, can they? If one test yields more racially balanced results, and is a reasonable test of ability, but another test yields racially segregatory results, can this other test also be considered a reasonable test? How can two reasonable tests give different results? And if two reasonable tests do give different results but one favors racial equality, is it racist to demand that test be used (or at least such industry-common alternatives tried)? How do we analyze a situation like this (which seems likely to be what would happen)?

I will say that I'm somewhat rather swayed that those who prepped for the test extensively are owed some kind of recompense, because institutional racism is not their fault, but I don't know that they're owed a promotion. (And if I were ruling the world, the way they'd get recompense would likely be cuts in everyone's salary to pay for a proportional compensation for them, since it is everyone's responsibility in society to agitate for racial equality, though of course in real life, this would just make everyone hate everyone... though that seems to be likely in this case anyway.)

Daktari & J continued: Ricci v. DeStefano and I get errors when I try to post this in comments

Previously on this same Bat-Channel, D said:

OK, I'm having a problem following your logic here. So maybe you can try following mine for a minute. Black and Hispanic test takers did not score proportionately as well given their representation in the test taking pool as white test takers so the test was thrown out. (I assume that the single Hispanic plaintiff is the one who passed the exam.)

It seems to me that the racial imbalanced results have two possible origins: 1) the test was racially biased against black and hispanic test takers, or 2) it is the product of chance. Now, to the best of my knowledge, no black or hispanic test takers claimed that the test was biased at the time of the test. So any bias wasn't apparent to any of the test takers, regardless of race. All test takers were willing to wait on the results, presuming that it was a fair and balanced exam. Also to the best of my knowledge, no post-test analysis has been performed on the actual test taken to see if there is support for the claim of racial bias in the test.

Other than perfomance, there is no evidence to support the claim that the test was racially biased. So it must stand to reason that it IS the fact that no blacks made it to the "promotion level" that the test was thrown out. The city did not get the results they desired. What the hell? This case is going to go to the Supremes without the test in question even getting a once over by the people in a position to evaluate such tests?

I am sure you are right that there is residual institutional racism in the New Haven fire department. But it seems to me that the problem lies within the department's flawed policies. Change the policies if they don't give you what you want.

I for one cannot see the problem with saying that gender and racial representation should reflect that of the broader community. Therefore, half the firefighters should be men, x% should be black, x% white, x% hispanic. If you don't like that idea, then take a job somewhere else.

BUT, a handful of firefighters have been denied promotion based on the criteria that the city said it would use to promote firefighters. I hate the idea of an all white supervisory staff there, especially given the community's racial composition, but you can't switch boats mid-stream. I think these guys have a legitimate case.

The real issue for New Haven will be how to design a promotion policy that allows more equitable representation without being discriminatory against minority (for their community) ethic or racial groups.

Finally, didn't Ricci take 6 months off work to study for this test? Surely he, and anyone else who did similarly, must be seen as outliers. What happens to test results when you take these couple of fellows out of the analysis? Who know? Maybe the playing field does seem more level. There is too much unknown here to presume anything about the fairness of that test. However, it seems incredibly unfair to me that the criteria were established and agreed upon by all participants and then the rules change because the right people didn't win the game.

Will be interesting to see what the Supremes say.

J responded, here in a post body because his comments post refused to work:

Don't know that I entirely misunderstood you. I'm only half awake, but I don't think this particular policy constitutes a contract with its employees. I'm not sure how often supervisory positions come up, but seemingly not very. Besides which, promotions are (I would think) discretionary; sort of like tenure -- there doesn't have to be a particularly great reason to deny someone tenure. It can't be a purely discriminatory one, but it can be as simple as "you don't fit where we thought we were going when we hired you/when we told you that typically people with your track record of crazy hard work get tenure yesterday before the review". I mean, especially if this test is unrelated to the skills needed for the position, which is a quite arguable position (and one of the positions the black firefighters have taken). Clearly, it is not a "contract" in any absolute sense, as no one would say they were required to promote them if the deal were "we draw straws and whoever gets the longest straw gets promoted." If you then (rightly) decided that pure chance was a horrible reason to promote someone, I don't think you are breaching contract to refuse. (It may be "unfair" but again it depends on your perspective; in this case, it would be "unfair" to the supervisees and the city to have firefighters chosen by raffle when a better method could be devised to gauge quality.) Further, if the test does depend on white privilege, it could therefore be called discriminatory even if it were fair in the way I outlined earlier, that is, given sufficient backgrounding in the facts and culture, you could excel. Of course, that's the further problem -- the "contract" was that the top scorers absolutely get the promotions, not all those who passed any arbitrary cut-off. Most would agree that a written test cannot be the most effective way to determine a manager and firefighting supervisor. The agreement was for the written test to be everything -- and for having the highest relative scores being as important as high absolute scores. If the scores had been 99.9, 99.8, 99.7, 99.6, etc. and those first several were white, under the agreement as it was, they still would have to be the ones promoted -- even if those differences were within the margin of error and any number of other factors (20 years on the force vs. a well-testing greenhorn to make an extreme example) said that Mr. or Mrs. 99.2 should get promoted.

The problem is, you're of course right that if the test is "fair" then the employer shouldn't change midstream just because the results weren't what they wanted. But the law defines unfair as "ending up with a result affecting minorities differently when an alternative would work as well or better." That is, unfair for that exact circumstance, i.e. the test the white firefighters did better on is by default unfair if there is a difference in race and it can be shown that better practices could've been used for the test. Hence the tough spot the city is in -- the black firefighters may've had the law on their side had the city gone with the test because discriminatory results apparently automatically raise the possibility if not plausibility of a discriminatory test.

The problem to me is not whether or not you can change requirements mid-stream; if tomorrow the test were found to be a horrible predictor of skill, you aren't going to risk firefighters & civilians lives because of a tacit agreement with the test-takers. And if the test were obviously discriminatory, then the city would be within its rights you seem to be saying. The problem is, it's easy to (to me) to argue both sides, and no matter how you decide you may be "unfair" to one group. Fairness depends on where you stand, as does the test's discriminatory nature. In the end, the test is an attempt to make a qualitative process strictly quantitative, and that underlies the whole problem -- we can't reduce any of this to "facts" because almost every bit of it but the most basic elements are subject to interpretation.

D & J Discuss Firefighting Institutional Racism

Daktari (from this post's comments):

OK, I'm having a problem following your logic here. So maybe you can try following mine for a minute. Black and Hispanic test takers did not score proportionately as well given their representation in the test taking pool as white test takers so the test was thrown out. (I assume that the single Hispanic plaintiff is the one who passed the exam.)

It seems to me that the racial imbalanced results have two possible origins: 1) the test was racially biased against black and hispanic test takers, or 2) it is the product of chance. Now, to the best of my knowledge, no black or hispanic test takers claimed that the test was biased at the time of the test. So any bias wasn't apparent to any of the test takers, regardless of race. All test takers were willing to wait on the results, presuming that it was a fair and balanced exam. Also to the best of my knowledge, no post-test analysis has been performed on the actual test taken to see if there is support for the claim of racial bias in the test.

Other than perfomance, there is no evidence to support the claim that the test was racially biased. So it must stand to reason that it IS the fact that no blacks made it to the "promotion level" that the test was thrown out. The city did not get the results they desired. What the hell? This case is going to go to the Supremes without the test in question even getting a once over by the people in a position to evaluate such tests?

I am sure you are right that there is residual institutional racism in the New Haven fire department. But it seems to me that the problem lies within the department's flawed policies. Change the policies if they don't give you what you want.

I for one cannot see the problem with saying that gender and racial representation should reflect that of the broader community. Therefore, half the firefighters should be men, x% should be black, x% white, x% hispanic. If you don't like that idea, then take a job somewhere else.

BUT, a handful of firefighters have been denied promotion based on the criteria that the city said it would use to promote firefighters. I hate the idea of an all white supervisory staff there, especially given the community's racial composition, but you can't switch boats mid-stream. I think these guys have a legitimate case.

The real issue for New Haven will be how to design a promotion policy that allows more equitable representation without being discriminatory against minority (for their community) ethic or racial groups.

Finally, didn't Ricci take 6 months off work to study for this test? Surely he, and anyone else who did similarly, must be seen as outliers. What happens to test results when you take these couple of fellows out of the analysis? Who know? Maybe the playing field does seem more level. There is too much unknown here to presume anything about the fairness of that test. However, it seems incredibly unfair to me that the criteria were established and agreed upon by all participants and then the rules change because the right people didn't win the game.

Will be interesting to see what the Supremes say.

J responds:
Don't know if you read my prior post and the linked piece by Richard Thompson Ford. But the choice between "it's racially biased" and "it's random chance" isn't so easy as it appears. That is, it doesn't have to be racially biased in a way most would recognize ("these are questions black people somehow are less likely to know the answers to") but rather "the test (possibly inadvertently) gives advantage to whites based on greater access to certain types of knowledge -- the institutional history of most of them being nth generation firefighters whereas almost none of the blacks are anything but 1st gen. firefighters". It also -- the linked article makes this point -- relies strongly on "book learning" of (almost seemingly esoteric) knowledge of fires that doesn't apply to the job at hand to a high degree.

"Switching horses in midstream" is really not a concern to me. After all, fighting discrimination is by definition switching midstream. You don't get to benefit from it just because it seemed fair at the time.

It rather seems that the test was "fair" in that given the same amount of studying and background in firefighting, anyone could do as well. There are two parts to unpack here: one is that the white firefighters seemed to have a greater interest (due to family history and culture seemingly) and greater background in the "book aspects" of firefighting and thus did better on a test of such aspects; two, even presuming it was "fair", the law around discrimination (as I understand it from R. T. Ford) is that, if there is an equal or better way to test for skills related to promotion that would be less likely to result in disparate impacts, it is essentially a discriminatory act to use the test that ends up with disparate results.

That is to say, no one (except the firefighters who passed) argues that this test was the best way to determine their suitability for promotion. If there is a test that would better test such suitability, it should be used and this test should be thrown out. Since the test was not based on actual comportment in the field, people skills, or operational knowledge rather than memorized knowledge, one can easily (in my opinion) argue that it's not the best way to test for promotions. Whether or not discrimination was intended, if there is a better way to test for suitability that would end up with less disparate results, it should be used and this thrown out.

don't know if you read the articles linked in *this* post, but the test hasn't been publicly examined because it's proprietary and the company and city's contract doesn't allow it to be released. But the description makes it quite seem to me that the test is fair in the ways I described. But, that's the point of institutional racism -- you can set things up that are nominally "fair" and use them, inadvertently or purposefully, to end up with disproportionate results. Such disproportionate results are inherently suspect, and if there is a different and plausibly better way to do things, then they should be done that way, whether or not the intention was to discriminate.

It seems to me like this test was a case of "white privilege" -- the white firefighters in this case benefited from culture and history in a way they had no control over, but in a way that would tend to maintain a discriminatory status quo. As I said to my white colleagues at Procter & Gamble -- if you reasonably believe in equality, then in certain zero-sum situations like promotion, you *have* to believe that whites will be promoted less often then now. you can't both maintain the status quo of disproportionate power and achieve equality. And like the original SATs, which appear fair but which were explicitly instituted for discriminatory purposes (originally to keep out Jews, though it didn't work very well), you can't argue to maintain a seemingly fair solution if there are better solutions, especially when the present one, even unintentionally, holds people back.

And I completely agree with you on making things reflect community %ages, but people argue that a) this is a quota (which it is) and quotas per se have been illegal for a while now, and b) that this means "unqualified" people (minorities) will get in, and if you require some "basic" competence, then you return to defining what this competence is, and you almost never end up with a "basic" test favoring minorities (historically speaking, and if you do, you get lawsuits like this).

I guess this is one of the reasons I feel so strongly -- this to me is a case of white privilege, where the racism is not intentional or obvious, yet to leave things status quo means perpetuating "hidden advantages." I would propose that everyone taking the test get equal access to studying resources, but even then, the nth generation firefighters have an advantage, and since almost all several-generation firefighting families are white... well, there you go.

It's prickly, and hard to explain in writing for me, but by your definition, essentially, the white firefighters are as a group outliers (which is statistically an inviable proposition I'd say). Of course, the criteria established and agreed upon were not by "all participants" but rather by the union, on behalf of "all participants," but then, the union is majority white and split on racial lines and supporting the white firefighters. Hardly a good way to establish "criteria agreed upon by all participants."

If it only turns out after the fact that the "right people" didn't win the game, when the game doesn't necessarily test the most pertinent skills, then it seems to me that changing the rules is not unfair. There is no right to a promotion, and fairness is not "holding the rules steady" per se; like I said, if fairness were simply constancy of rules, then rules couldn't be changed in the face of discriminatory results. There is more to fairness than constancy, and not all institutional barriers are obvious before they are smacked right into.