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hired and are cherefcre net available for hire. <br />Clearly the best evidence cf the relevant labor pool is the <br />candidates who apply to the MPRS cotinunities. Indeed, if the <br />passing rate of blacks frer. that applicant pool had been at 80% or <br />more of the white passing rate, there would not even be a prima <br />facie case of disparate impact. Because the MPRS testing process <br />was a hurdle, the success rate of black applicants was Che <br />dispositive statistic in determining disparate impact. However, in <br />determining the appropriateness of hiring quotas, the selection <br />rate is the relevant statistic because racial preference is not <br />warranted after the effects of past discrimination heve been <br />remedied. <br />Hiring statistics presented by the MPRS included both persons <br />who were hired by defendant cities through the MPRS process and <br />those hired outside of it. Exhibit 2087 demonstrates that the <br />hiring race of blacks (12.5%) is 52.4% cf the hiring rate of whites <br />(14%), well in excess of t.he 80% rate specified in EEOC guidelines. <br />In absolute nu-mbers, the number cf blacks hired (6 persons) is <br />only one half of one person short of the number for blacks would <br />have been hired if the selection rate of blacks had been the same <br />as the selection race for whites (6.5 persons). <br />To achieve a 5% quota of blacks in the workforce, the <br />defendant cities would be required to hire blacks at a rate many <br />times higher chan the .hiring rate of whites. Where the selection <br />race cf blacks essentially .matches the selection race of whites in <br />the applicant pool, no quotas are warranted. <br />27