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08-28-1995 Council Packet
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08-28-1995 Council Packet
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10/6/2023 12:17:43 PM
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relevant factors shows that any remedial order in this case should <br />be liinited to providing Af rican-Arp.erican officers with the <br />opportunity to be hired and should not icpose any actual hiring <br />requirements. <br />All four of these factors militate against hiring quotas. <br />First with respect to the necessity for the relief and the efficacy <br />of alternative remedies, an order giving all blacks an opportunity <br />to be hired and the elimination of the test in the form found to be <br />discriminator'/ fully addresses the violation itself. There is no <br />reason to doubt the efficacy of such a remedy. Nothing in the <br />record suggests that the m.emher cities will not hire African- <br />American if given this opportunity. <br />Second, a quota would be a highly inflexible remedy, and given <br />the very low numbers of blacks who test with the MPRS in any given <br />year, m.ay have an extended duration. <br />Third, as noted above, no quota is warranted on the basis of <br />the relationship of numerical goals to the relevant labor market. <br />Hiring by defendant MPRS communities of blacks is already at the <br />sam.e race as whites, considering total data for some seventeen <br />years. <br />Fourth, a hiring quota will impact on the rights of ocher non- <br />minority members who would otherwise have been hired in place of <br />minorities. If cities select minority candidates because they are <br />the best candidates for the job (and there is no reason to believe <br />they will not), quotas will be unnecessary. <br />This IS not a case involving a recalcitrant defendant who <br />31
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