[JURIST] A judge for the US District Court for the District of Massachusetts [official website] ruled [opinion, PDF] Monday that the method used by the Boston Police Department [official website] to promote sergeants to the rank of lieutenant had a disparate impact on minorities. The action was brought against the city of Boston by 10 black police sergeants arguing that the multiple choice examination used by the department in 2008 was slanted in favor of white police sergeants. The candidates were ranked in order of their scores on the exam. The court considered various statistical measures to decide whether there was a disparate impact on minority candidates, including a test which found that minority officers were promoted at a rate of 0.45 as compared to rate of promotion for white officers. The court found that the exam was not consistent with a business necessity. The test did measure characteristics that are important elements of behavior for the job, but the department did not prove that the results of the test were good indicators of whether the candidates actually met those elements. The test, according to the court, failed to measure skills such as interpersonal skills, oral communication and the abilities to make quick decisions or counsel subordinates.

Racial and ethnic tensions have mounted recently in the US and alleged discrimination can still be found throughout the country. Earlier this month the US Supreme Court [official website] heard oral arguments [JURIST report] on racial discrimination in the jury selection process. Last month a federal judge in Hawaii ruled [JURIST report] that a Native Hawaiian election, which many opponents believed was racially discriminatory, could take place. Also in October, California Governor Jerry Brown, signed a bill [JURIST report] aimed at protecting minorities from racial profiling and excessive use of force by police. The US Department of Justice [official website] and county officials settled [JURIST report] parts of a discrimination lawsuit filed against the Maricopa County, Arizona, Sheriff’s Office in July for discriminatory practices in traffic stops, raids and county jails, as well as claims of retaliation.