And we still don't know why none of the black firefighters didn't pass the exam because the City sealed the results and then destroyed them.
They probably prevented a lot of embarrassment for the black firefighters who did not pass the test
The test that the firemen took was available for review
Everyone who took the test either knew the answers or they didnt
And the black firemen didnt
You can't make that claim if you have never examined the tests themselves.
As I recall, the test consisted in part of true/false and multiple choice questions (both objective with specific correct answers) while another portion consisted of subjective questions whereas the correct answer is determined by whoever grades the test.
To give you an example, I was asked on a certification exam which statement below would result in
only positive numbers. Two of the viable possibilities were
x > 0 and
x >= 0
Only one of the two above is correct but in a subjective scenario the second answer can be "considered" correct because it will partially produce the correct result while not actually being the correct answer.
In an objective scenario only the 1st answer is the correct one however when I posted this dilemma to the members of USMB a significant portion of the responses indicated, erroneously I might add, that the 2nd answer was correct. Microsoft indicated that my answer of X > 0 was incorrect and that the second answer is correct which is false, however Microsoft gets the final word.
Depending on who is grading the tests, some applicants could receive partial credit for getting some of the answer right, while the person grading the exams would mark the answer incorrect if the candidate got any portion of it wrong. That is one of the reasons examining the tests would have been helpful. I don't know why the defendants were not sanctioned for the destruction of those exams.
Or maybe a better example would be a scenario just as an example, if the applicant is asked to name 5 of the exemptions that allows a government agency to deny a FOIA request - one candidates provides 4 correct and 1 incorrect answer and gets credit of .8 on the answer while another candidate gets 4 correct and 1 incorrect and the test grader marks the entire question wrong with a credit of 0 allowing the one wrong portion out of the 5 to invalidate the entire question.
See why examining the tests would have been helpful? We would have been able to see what was considered an acceptable answer and what was not and see how the answers of the different groups compared to one another.
This is a court transcript in which the firefighter exams are being discussed if interested:
http://img.slate.com/media/1/123125/123087/2208015/2219585/Exhibit E.pdf