Showing posts with label disparate impact. Show all posts
Showing posts with label disparate impact. Show all posts

Sunday, September 13, 2015

The Ideal of Disparate Impact CAN be Used to DESTROY the Ideal of Disparate Impact...







The ideal of "disparate impact" UNDERMINES itself.

Ruling that "Traditional lending criteria for home mortgages (20% down, or you pay PMI (Primary Mortgage Insurance), 3 years of tax returns, limits on financing based on recorded, verifiable income) DISCRIMINATES, by "creating a DISPARATE and NEGATIVE IMPACT UPON LOW-INCOME Americans," as federal courts DID in the 1990s, is exactly the SAME as CLAIMING and RULING that "The GRADUATED, or PROGRESSIVE Income Tax DISCRIMINATES, by creating a DISPARATE and NEGATIVE IMPACT UPON MORE PRODUCTIVE, HIGH INCOME Americans."

It's the SAME THING...the VERY SAME CLAIM!

LOGIC and FAIRNESS DEMAND Consistency.

Sunday, August 16, 2015

A Last (From Me) Word ABOUT Those Recent FDNY “Leaks”


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Every age has its atmosphere and its challenges.

My father spent most of his time in Brooklyn (Engine 201 as a firefighter, Ladder 107 as a Captain, Battalion 44 as a B.C.). Most of the guys of that era were military vets, mostly WW II and Korea. They were a breed apart.

A great guy and excellent firefighter I was fortunate to have worked with in the South Bronx, Mike Finer, called the guys of the 1980s, “the last American cowboys.” These guys often “rode the aerial,” or “rode in the (Tower Ladder’s) bucket.” They routinely took risks that are forbidden today, but if they were “the last American cowboys,” then the previous generation were the REAL DEAL...the FDNY’s original cowboys - men like Hank Fifield, Tom Neary and Jack Cleary among others.

Both groups “always got the job.” I always knew...I could just “feel it in my bones,” that each successive generation was lesser than the one before. While my grandparents were completely self-sufficient (my maternal grandfather built a house with one other friend). My Dad grew up during the Great Depression, slogged through the Pacific in WW II, spent some time in the Korean War and got on the FDNY in January of 1953. That was a harder, tougher generation than any that came after.

The rest of us successive generations have been raised in a time when America was unthreatened as the preeminent world power, in an age of relative peace and plenty.

For a whole host of reasons the FDNY has remained predominantly white. Of course, much LESS so than has the Department of Corrections remained predominantly black. In fact, NO city agencies look much like New York City and at least 7 other city agencies are more ethnically imbalanced than the FDNY.

Still, the FDNY became a target, just as those other agencies WILL become targets as this city becomes even more Asian and Hispanic and less black.

For whatever reasons, mostly, I suspect, because it’s the quicker, easier path, the diversity advocates have chosen to lower both the entrance standards (BOTH cognitive and physical) AND those of the Fire Academy.

As I’ve said before, the advocates for that SHOULD NOT be embarrassed by any of that. Own it! Proudly proclaim the view that “We feel that many of these standards were arbitrarily and unnecessarily high and we DON’T feel that altering them will diminish the quality of the FDNY’s workforce.” They have every right to defend that view.

The fact that the advocates of that view haven’t done that...haven’t “owned it,” says a lot about their own suspicions that that may not be the case.

I didn’t and still don’t think any of the recent “leaks” were all that embarrassing. First, they gave the Department the opportunity to defend the view that the previous standards were “arbitrarily and unnecessarily high,” and that the Department was following the tradition of taking care of troubled members in times of need.

Even though I disagree with the first viewpoint (I think the existing standards have been far too low, for far too long), I have to agree with the second...this Department HAS always taken care of problem or “troubled” members, often by “cashing them out” (putting them out on questionable disabilities). It’s happened...many times. I don't believe I'm "telling tales out of school" on that score.

The real problems won’t immediately occur, but if/when they do, I fervently hope that whatever administration is in Office DOES NOT succumb to the natural proclivity to hide the errors that may result in such tragedies.

I’m referring to incidents like the one that occurred in Philadelphia last December that killed firefighter Joyce Craig (http://articles.philly.com/2015-03-05/news/59812690_1_joyce-craig-firefighter-fire-academy#48oPqbKYyYo847bV.99).

Short of such disasters, nothing else should be seen as anything less than an opportunity...an opportunity for “diversity first” advocates to make their case. NONE of those previous “leaks” really undermined the City’s efforts to alter the existing standards. In fact, they each offered opportunities for diversity advocates to make their case to the public.

There’s no reason for them not to and they have every right to make such a case. In fact, it's an important case to make.

As I’ve long said, I am absolutely certain that the standards of the FDNY were NOT the reason for that Department’s lack of ethnic diversity (gender diversity in that Department is an entirely different matter), any more than the standards at the Department of Corrections are the reason for the even more pronounced lack of diversity there. The face, or complexion of the existing workforce becomes a self-fulfilling prophecy. Just as many Asians, blacks and Hispanics may not have felt welcome just looking at the FDNY’s complexion, many Asians, Hispanics and whites can’t feel welcome when looking at the existing workforce of the Department of Corrections.

All that proves is that this diversification process still has a long way to go and that down the road some groups that have been favored, will eventually become disfavored. All of that is what it is. Time moves on and things change.

Ultimately, “the proof is in the pudding,” as they say. So long as people who are fully dedicated to the craft of firefighting continue to predominate in that job, the workforce will almost certainly be OK. After all, there have always been “problem children” and “troubled members,” or members who develop problems over time. So long as the core remains strong, dedicated and high caliber, the Department will be fine.
Will this experiment succeed, or will it fail?

Who knows? I certainly don’t and I don’t believe anyone else can know either.

We will all see in time.

There will be...there MUST BE more “leaks” IF an incident like the one that killed FF. Joyce Craig should ever happen here. THAT is something the public will NEED to know about and have every right to know. In other words, we must be able to honestly assess the workability of the new standards once they’ve been in place for awhile and the workplace has been altered.

But all of that is further down the road. An honest assessment is all that’s required, so that a proper determination can be made...one way or the other.

Wednesday, August 12, 2015

If You Think the FDNY is Ethnically Imbalanced, Take a Look at These New York City Agencies…..


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TODAY, the ONLY ethnic group that is over-represented in the New York City Municipal workforce by MORE than 10% of their numbers in the city’s population is non-Latino blacks, who are 23% of NYC’s population and 36% of the city’s Municipal workforce! That’s an over-representation on the order of appx. 56% ABOVE their numbers in New York City’s population.

Merit Matters believes that people gravitate to the jobs they have an interest and aptitude for. The fact that until 2007 and over $20 MILLION spent on targeted recruitment non-Latino blacks accounted for LESS than 10% of all FDNY applicants seems to attest to that fact.

BUT IF proportionalism (“NYC’s workforce should mirror/look like NYC’s population”) is going to be the standard, than it MUST BE the standard for ALL…for ALL ethnic groups and for ALL city agencies!

By that measure the Garaufis-CCR-Vulcan Society view INSISTS on reducing the non-Latino black portion of the NYC workforce FROM its current 36% down to appx. 25%! That is what “Making NYC’s workforce look like NYC” would actually mean. While we’d rather see people gravitate to the jobs they have an interest and aptitude for, we also insist that proportionalism can’t just be targeted to one agency, when the city’s entire workforce is so ethnically imbalanced!

Consider that the FDNY’s uniformed firefighting force (excluding EMS and clerical/administrative staff) is 89% white, which is about  2.5X more whites than there are in NYC’s population. Overall (including EMS and clerical/administrative staff) it’s 77% white or about 2.2X as many whites as in NYC’s population.

BUT if you think that demographic is blatantly ethnically imbalanced, wait until you get a look at some of these other New York City agencies!

There are at least 7 city agencies in which a given ethnic group is over-represented by MORE than 2.5X times their numbers in NYC’s population.

The Corrections Department is 65% non-Latino black, 2.9X the number of non-Latino blacks as in the population of NYC, making it even MORE ethnically imbalanced than the FDNY is right now.

Six other New York City agencies are over 60% non-Latino black, meaning OVER 2.5X as many non-Latino blacks as there are in New York City’s population!

These are;
(*) Human Resources Administration (61% non-Latino black)
(*) Equal Employment Practices Commission (63% non-Latino black)
(*) The Department of Probation (64% non-Latino black)
(*) The Department of Homeless Services (64% non-Latino black)
(*) Administration for Children Services (67% non-Latino black)
(*) The Department of Juvenile Justice (78% non-Latino black), which holds 3.4X as many non-Latino black workers as are in New York City’s population, taking the prize as the MOST ethnically imbalanced agency in New York City!

There are at least FOUR other new York City agencies in which non-Latino blacks are 2X or TWICE their numbers in New York City’s population, including the the Dept of Health and Hygiene (45%), Dept of Finance (46%), the Dept of Housing, Preservation and Development (47%) and the Parks Dept (49%).

It would certainly be much more neat and orderly IF every group were proportionally represented within each and every New York City agency, but lowering standards and barring the hiring of some groups until the numbers of others can be brought up, smacks of a kind of “Stalinist authoritarianism” that only the likes of Nicholas Garaufis could embrace.

STILL, that is the charge that the Garaufis-Vulcan Society decision makes clear – within the “zero-sum game” that is municipal Employment, the primary reason for the dirth of Asians and Hispanic workers relative to their numbers in New York City’s population, is the singular and significant OVER-representation of non-Latino blacks within the New York City workforce.

Again, there are ONLY two ethnic groups that are over-represented in the NYC Municipal workforce, non-Latino blacks and non-Latino whites. ONLY non-Latino blacks are over-represented by more than 10% of their numbers within New York City’s population!

Non-Latino whites are 35% of New York City’s population and 38% of its workforce (about 9% ABOVE their numbers in the city’s population), while non-Latino blacks are 23% of city’s the population and 36% (appx. 56% ABOVE their numbers in NYC’s population) of its Municipal workforce!

Both Asians and Hispanics are UNDER-represented in New York City’s Municipal workforce. The sizable over-representation of one ethnic group (non-Latino blacks) is the primary reason for that. Without diminishing the existing number of non-Latino blacks in New York City’s Municipal workforce, there is simply no way to balance out that workforce and allow it to closely mirror New York City’s population.

It certainly appears that there are a lot of New York City agencies that need monitoring, targeted recruitment and demographic scrutiny...BUT only IF “proportionalism” (“NewYork City’s workforce should mirror/look EXACTLY like New York City”) is to be the standard we adopt.

Monday, May 11, 2015

I Feel Bad for Rebecca Wax...While I Revile the Broken System That Continues to Thwart Merit


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FF Rebecca Wax





It's hard to talk/write about people you've met.

Rebecca Wax was an original supporter of List 6019 and of Merit Matters and was among those instrumental in getting the age limit extended to 35 years of age for those who took that ill-fated exam (6019).

This past week, Ms. Wax became the focus of a firestorm for being appointed an FDNY firefighter despite failing the critical physical portion of the Fire Academy's training. (http://nypost.com/…/woman-to-become-ny-firefighter-despite…/).
It's as though a lot of people have just awakened to "this assault on merit and basic standards"!

Seriously?!

It's being going on for a VERY long time now....DECADES even!

ANY time you hear someone talking in terms of "disparate impact," you're listening to someone who opposes MERIT, the use of the Civil Service Merit System and the most basic cognitive and physical standards.

In short, the fault is NOT Rebecca Wax's, but that of ALL those who support the failed and now out-of-favor construct of "disparate impact."

THEY are the real problem...its root cause. Ms. Wax, like the many original female firefighters from 1984, who failed that Exam's Physical (many of those women were allowed to carry their SCBAs around the Fire Academy in shopping carts) are merely symptoms of that systemic problem.

I worked with one of those women in the South Bronx...a lovely woman, who was simply not physically fit enough to do the job. What we did back then was to, in effect, "ride short-handed." That female firefighter was always assigned the "Control" position in the Engine and everyone else moved up...to Nozzle, Back-up, Door, etc. We made it work.

BUT what if they were two such firefighters...or THREE in the same Unit? What then? There's nowhere to cover that many spots.

The truth is that so long as "disparate impact" exists and can be utlized as a weapon by those opposed to merit (it'll ultimately be up to Congress to eradicate that), standards will, in effect, cease to exist, as standards that are so arbitrary and so easily circumvented are no standards at all.

Right now the most basic physical and written/cognitive standards for both the FDNY and NYPD remain under attack. They've ALREADY been eroded over decades of "challenges." The two FDNY Written Entrance Exams that were successfully challenged were calibrated to 7th & 8th GRADE reading levels for a job that ostensibly requires a 12th Grade reading level...a H.S. diploma.

The Physical Standards for the Exam have been reduced to a low level PASS/FAIL Exam that presents a challenge to virtually no one.

The groups who've initiated these challenges are mere pawns. Women have challenged the physicals (despite firefighting being fundamentally a physical job), while the cognitive exams have been challenged in the name of "getting more blacks on the jobs." The idea that basic standards discriminate against entire groups SHOULD BE insulting to all self-respecting members of such groups.

My wife was born into grinding poverty in Kingston, Jamaica and came here with a Chartered Accountancy (a CPA in the English System, not used here), went through Baruch College's Accounting program and passed the rigorous 4-Part CPA Exam that, yes, the Association of Black Accountants continues to challenge based on the SAME shameful "disparate impact" claims.

Make no mistake, the central idea behind all that is, "We don't need exceptional, even above average people to do these jobs, we can hand them out to anyone and they'll eventually get done."
THAT has been the central idea behind the anti-standards movement for decades now.

So, to suddenly wake up and think that Rebecca Wax is THE problem is to misunderstand the entire issue. It SHOULDN'T be all that confusing.

IF that's our thinking on this, we might as well all go back to sleep.


The coming, inevitable crisis will probably wake us all up!
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