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	<title>Comments on: Why wouldn&#8217;t an exam culture favor discriminated-against minorities?</title>
	<atom:link href="http://blogs.law.harvard.edu/philg/2009/07/02/why-wouldnt-an-exam-culture-favor-discriminated-against-minorities/feed/" rel="self" type="application/rss+xml" />
	<link>http://blogs.law.harvard.edu/philg/2009/07/02/why-wouldnt-an-exam-culture-favor-discriminated-against-minorities/</link>
	<description>A posting every day; an interesting idea every three months...</description>
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		<title>By: Bob Hamilton</title>
		<link>http://blogs.law.harvard.edu/philg/2009/07/02/why-wouldnt-an-exam-culture-favor-discriminated-against-minorities/comment-page-1/#comment-130090</link>
		<dc:creator>Bob Hamilton</dc:creator>
		<pubDate>Thu, 02 Jul 2009 18:16:48 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/philg/?p=1408#comment-130090</guid>
		<description>An &#039;exam-culture&#039; may help minorities but in today&#039;s political climate a &#039;victim culture&#039; works a lot better. Look at universities. The left wing faculty will do anything to circumvent any racial discrimination laws like California&#039;s Prop 209 to admit someone whose skin color is the right shade. Asians are the ones who suffer most from this crude racism but it assuages the faculty members&#039; liberal guilt in some weird way.</description>
		<content:encoded><![CDATA[<p>An &#8216;exam-culture&#8217; may help minorities but in today&#8217;s political climate a &#8216;victim culture&#8217; works a lot better. Look at universities. The left wing faculty will do anything to circumvent any racial discrimination laws like California&#8217;s Prop 209 to admit someone whose skin color is the right shade. Asians are the ones who suffer most from this crude racism but it assuages the faculty members&#8217; liberal guilt in some weird way.</p>
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		<title>By: Jim Howard</title>
		<link>http://blogs.law.harvard.edu/philg/2009/07/02/why-wouldnt-an-exam-culture-favor-discriminated-against-minorities/comment-page-1/#comment-130084</link>
		<dc:creator>Jim Howard</dc:creator>
		<pubDate>Thu, 02 Jul 2009 17:35:09 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/philg/?p=1408#comment-130084</guid>
		<description>New Haven spend into the six figures to have their test designed by experts to be bias free, something prior court decisions have required in cases like this.</description>
		<content:encoded><![CDATA[<p>New Haven spend into the six figures to have their test designed by experts to be bias free, something prior court decisions have required in cases like this.</p>
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		<title>By: gwern</title>
		<link>http://blogs.law.harvard.edu/philg/2009/07/02/why-wouldnt-an-exam-culture-favor-discriminated-against-minorities/comment-page-1/#comment-130083</link>
		<dc:creator>gwern</dc:creator>
		<pubDate>Thu, 02 Jul 2009 17:28:31 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/philg/?p=1408#comment-130083</guid>
		<description>I haven&#039;t seen anything from the actual test myself; but Steve Sailor links to what is apparently a representative basic firefighter exam: http://isteve.blogspot.com/2009/04/obama-administration-is-playing-with.html

reha gur: don&#039;t let the perfect be the enemy of the good. Of course an exam is not going to be 100% predictive of performance; nor would the more practical exams administered in the &#039;examination centers&#039; which are more common. Nothing will be 100% predictive except the actual circumstance.

But that doesn&#039;t mean we have to be all wooly-headed and say oh no, these exam scores are meaningless because maybe the 100% guy will freeze up and the dunce who failed will have his heart in the right place. And maybe one day the high school dropout at your local McDonald&#039;s will revolutionize particle physics.

(And actually, I wonder if the exam might not be a bad reflection of what they have to do; if I understand this, these weren&#039;t the guys putting on the suits and leading the vanguard into the flames, but the leadership - the guys who show up and start ordering everyone around. In that sort of role, would freezing up be such an issue?)</description>
		<content:encoded><![CDATA[<p>I haven&#8217;t seen anything from the actual test myself; but Steve Sailor links to what is apparently a representative basic firefighter exam: <a href="http://isteve.blogspot.com/2009/04/obama-administration-is-playing-with.html" rel="nofollow">http://isteve.blogspot.com/2009/04/obama-administration-is-playing-with.html</a></p>
<p>reha gur: don&#8217;t let the perfect be the enemy of the good. Of course an exam is not going to be 100% predictive of performance; nor would the more practical exams administered in the &#8216;examination centers&#8217; which are more common. Nothing will be 100% predictive except the actual circumstance.</p>
<p>But that doesn&#8217;t mean we have to be all wooly-headed and say oh no, these exam scores are meaningless because maybe the 100% guy will freeze up and the dunce who failed will have his heart in the right place. And maybe one day the high school dropout at your local McDonald&#8217;s will revolutionize particle physics.</p>
<p>(And actually, I wonder if the exam might not be a bad reflection of what they have to do; if I understand this, these weren&#8217;t the guys putting on the suits and leading the vanguard into the flames, but the leadership &#8211; the guys who show up and start ordering everyone around. In that sort of role, would freezing up be such an issue?)</p>
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		<title>By: Dan Lyke</title>
		<link>http://blogs.law.harvard.edu/philg/2009/07/02/why-wouldnt-an-exam-culture-favor-discriminated-against-minorities/comment-page-1/#comment-130079</link>
		<dc:creator>Dan Lyke</dc:creator>
		<pubDate>Thu, 02 Jul 2009 16:59:10 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/philg/?p=1408#comment-130079</guid>
		<description>My impression is that the questions are sealed allegedly because releasing them would invalidate the test by giving future test takers a leg up. Of course it could just mean that future test takers would know to look up which sheet controls what sail on the yacht.

To reha&#039;s question, I&#039;m a computer geek and in my field it sure seems like the ability to graduate from college and actual competence are, at best, only roughly correlated. In some cases I think the correlation is negative. I&#039;ve also worked in a highly physical field, as a professional whitewater guide, and I&#039;ve seen some big heavy boats finessed by small people with excellent technique. It&#039;s super hard to come up with an actual objective measure of competence, and given that government jobs are rife with the opportunity for nepotism and abuse I don&#039;t have an alternative to testing.</description>
		<content:encoded><![CDATA[<p>My impression is that the questions are sealed allegedly because releasing them would invalidate the test by giving future test takers a leg up. Of course it could just mean that future test takers would know to look up which sheet controls what sail on the yacht.</p>
<p>To reha&#8217;s question, I&#8217;m a computer geek and in my field it sure seems like the ability to graduate from college and actual competence are, at best, only roughly correlated. In some cases I think the correlation is negative. I&#8217;ve also worked in a highly physical field, as a professional whitewater guide, and I&#8217;ve seen some big heavy boats finessed by small people with excellent technique. It&#8217;s super hard to come up with an actual objective measure of competence, and given that government jobs are rife with the opportunity for nepotism and abuse I don&#8217;t have an alternative to testing.</p>
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		<title>By: Mark Hurst</title>
		<link>http://blogs.law.harvard.edu/philg/2009/07/02/why-wouldnt-an-exam-culture-favor-discriminated-against-minorities/comment-page-1/#comment-130072</link>
		<dc:creator>Mark Hurst</dc:creator>
		<pubDate>Thu, 02 Jul 2009 15:03:08 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/philg/?p=1408#comment-130072</guid>
		<description>As I understand it, the Supreme Court ruling wasn&#039;t so much on the fairness of the test, or even the fairness of promoting by exams in general. Instead, it had to do with New Haven&#039;s reasons for why they threw out the test - namely, that they feared drawing a discrimination lawsuit if they *kept* the test results. I think it was Kennedy who wrote in the majority ruling something to the effect of &quot;fear of a lawsuit is not sufficient grounds to throw out test results.&quot;</description>
		<content:encoded><![CDATA[<p>As I understand it, the Supreme Court ruling wasn&#8217;t so much on the fairness of the test, or even the fairness of promoting by exams in general. Instead, it had to do with New Haven&#8217;s reasons for why they threw out the test &#8211; namely, that they feared drawing a discrimination lawsuit if they *kept* the test results. I think it was Kennedy who wrote in the majority ruling something to the effect of &#8220;fear of a lawsuit is not sufficient grounds to throw out test results.&#8221;</p>
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		<title>By: reha gur</title>
		<link>http://blogs.law.harvard.edu/philg/2009/07/02/why-wouldnt-an-exam-culture-favor-discriminated-against-minorities/comment-page-1/#comment-130069</link>
		<dc:creator>reha gur</dc:creator>
		<pubDate>Thu, 02 Jul 2009 14:18:01 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/philg/?p=1408#comment-130069</guid>
		<description>While I am in general agreement with Ricci v. Stefano, basing employment/promotion only on a written test is a bad idea. There is book knowledge and on-the-job knowledge.

In a fire, who would you want to try to save you? The guy who scored 100 on the qualification exam, but freezes up under pressure or the guy who scored a 50, but is willing to risk his life for you?

There are many variables that go into a hiring/promotion process. Test-taking ability should only be one input into that process.</description>
		<content:encoded><![CDATA[<p>While I am in general agreement with Ricci v. Stefano, basing employment/promotion only on a written test is a bad idea. There is book knowledge and on-the-job knowledge.</p>
<p>In a fire, who would you want to try to save you? The guy who scored 100 on the qualification exam, but freezes up under pressure or the guy who scored a 50, but is willing to risk his life for you?</p>
<p>There are many variables that go into a hiring/promotion process. Test-taking ability should only be one input into that process.</p>
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