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f.' <br />refuses to take steps to rerf.e^iy the effects of past discrirrsination. <br />To the contrary, this Court found that the Defendants did not <br />intentionally discriminate. As a result, there is no reason that <br />an order ensuring that future African-Airerican candidates are given <br />the opportunity to he hired hy the merher cities will not <br />effectively remedy the effects of the discriminatory conduct <br />3 entified hy this Court. Consequently, this Court should limit <br />any race-conscious remedy to providing African-American candidates <br />the opportunity to be hired. <br />III. Ordering Further Changes to the Testing Proeeas is Mot <br />Appropriate. <br />Plaintiffs have suggested a number of remedies relating to the <br />creation of a new or altered testing process which are not <br />reasonable for various reasons. One such suggestion by Dr. <br />Friedland was that candidates be referred to cities in "bands" <br />(i.e. a range of scores) rather than rank ordering by test scores. <br />This could be helpful to an individual black whose score was <br />within the band but was lower than the scores of white candidates <br />within the band. However, in the course of the trial no test was <br />identified which has no adverse impact against blacks. Therefore, <br />this suggestion would be counterproductive because whatever band <br />was chosen would tend to e.xclude blacks in disproportionate <br />numbers, and requiring that bands be used would prevent efforts by <br />cities to “reach down" to consider blacks with lower scores for <br />diversity or affirm.ative action purposes. <br />Dr. Friedland suggested that a transportability study be done <br />on the test developed by Richardson Bellows and Henry (R3H). The <br />32