WHere has common sense gone?

[Dave Schwartz]

http://us.cnn.com/2005/LAW/09/29/fedex.suit.ap/index.html

"FedEx knows that black and Hispanics fail at a much higher rate, but yet has not changed the test," Finberg said.

In a nutshell: The lawsuit says that if the failure rate of non-whites is higher than whites for a promotions test, then the test must be racist.

IMHO this is equivalent to saying that if more non-whites are convicted of murder then the laws against murder must be racist.

Or perhaps FedEx should just award promotions based upon seniority and not ability!

The whole thing is just nuts.

Regards,
Dave Schwartz

[Overlay]

They could be coming at it from the angle that the tests are culturally biased because they ask the person being tested to interpret data, contexts, or situations that non-minorities would be more familiar with, or have more knowledge of how to deal with, based on their upbringing, as opposed to the environment that a minority individual would be more likely to have been raised in or familiar with. (I think they made similar adjustments to the questions and language used in the SAT (especially the verbal/reading comprehension portions) a few years ago based on similar arguments.)

[Dave Schwartz]

Yes, that is the plaintiff's position.

FedEx will say make every effort to prove that to be false by showing that the questions have to do with job issues. This, in turn, will cause the plaintiffs to say, "So, what you (FedEx) are saying is that blacks and Hispanics really are inferior intellectually?"

This in a San Francisco jury trial? FedEx is sunk on this one.


Regards,
Dave Schwartz

[Wiley]

As long as Fed Ex can validate that their hiring, promotions, wages are not culturally biased and are based on tests specifically related to the positions at hand they should win the case. Of course this is under a few assumptions that if a jury trial, the jurists can read and comprehend what this means (or a judge) a stretch on both parts. I/O psychologists develop tests and training methods for these very situations and as long as Fed Ex managers (also a stretch) strictly adhered to these developed criteria in their practices they are also ok legally. Sometimes large companies though with even all these factors in their favor will settle I guess to keep the issue out of the press. Jesse Jackson has made a career out of this type of corporate blackmail.
Just thinking how we never hear of tests being culturally biased against Asians, reference to the SAT cultural refinement. I guess because as a group they tend to out perform all others.

[Dave Schwartz]

I repeat two words: (Or is it really only one "word?")

San Francisco.

IMHO, jury selection will be critical in this case, more so than the instructions the jury gets. I am just not convinced that it will be easy to find a jury in SF that will be open-minded enough to see anything but a left-leaning position. I believe that the natural tendency for such a jury is to bend over backwards to see the poor, down-trodden minority's "abuse;" even if it does not exist.

Truthfully, I do not know who is right and who is wrong in this case - how could I? But it does appear to me that the deck is stacked against FedEx.

Dave

[Tom]

Dave, I googled common sense and found out it has been outsourced.

We don't have any at home anymore. But Bush said that was okay because common sense was over-rated anyway. :bang:

[kenwoodallpromos]

Libs' agenda is law and DISorder.