From the case presented above, I support the position taken by Mr. Freeman and other persons who went to the court seeking for justice. The fact that the high scoring candidates were white was not a justification that the trust was discriminatory. The city rejected the results since only a few blacks and Hispanic qualified for the job hence it would be seen as racism.
While acknowledging the fact that Title V11 has to be adhered to, it is also important to note ways in which discrimination can be avoided. Any workplace should be free from any form of discrimination in terms of race and age among others. All candidates were exposed to the same exam including Mr. Freeman and others who qualified for the vacant positions. The use of merit can only be fair if the examinations results are used to pick candidates eligible for the posts. If the use of these results was unfair to the blacks and Hispanic, it means that exams should not be administered in any organization while looking for employees. Title V11 calls for a racial balance in any workplace but does not define the exact way of attaining the racial balance. Since there is no specific way of ensuring racial balance in any workplace, exams provide a better solution. In case an employer wishes to favor certain candidates in promotions, he or she would discard test results or any other employment practices so as to favor a preferred candidate.
It is the obligation of employers to ensure that all groups have a fair opportunity in promotions and participate in the process with the exemptions of rare cases. Once a process has been identified by the employer, for example the use of exams, it would be unfair to invalidate the test results. Whole undertaking the examinations, all candidates were exposed to the same questions regardless of their racial backgrounds. All candidates were aiming at the same job positions hence it was only fair to pick the most qualified candidates.
Firefighting profession requires experts who are experienced and able. Some specific qualifications for the job were required hence those who did not have these qualifications were automatically locked out. For one to qualify for these positions, some of the things that were tested included firefighting skills, command skills, interpersonal skills, management ability and leadership. Regardless of one’s race, if they do not have these qualities, it means that they had no chance of qualifying for the job. In the requirements, there were no exemptions for a particular race. For example, for one to be eligible to take the examinations, candidates for captain position needed one year experience as a lieutenant, high school diploma and vocational training courses. There was no qualification requirements for different races, all candidates were required to have specific qualifications. Among the candidates who qualified as per the test results, most of them were whites, but the other races were also represented. The aim of these examinations was to ensure that the best candidates for the job were picked.
In any organization, all employees are guaranteed equal opportunities regardless of their race. A right and acceptable procedure in this organization was used in the promotion. None of the candidates complained before the examinations were given out meaning that they all had an equal chance of being promoted. In my understanding, I think the organization was looking for the most qualified candidates to fill the vacant positions and not candidates from a particular race or races. The city of New Oxford should have given another method of picking the most qualified candidates if they doubted the use of examinations.
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