Judicial Watch uncovered hundreds of documents from the City of Dayton, Ohio, showing that Department of Justice (DOJ) officials pressured the Dayton Police and Fire Departments to lower testing standards because not enough African-American candidates passed the written exam.
On May 25, Judicial Watch also filed a lawsuit against the DOJ to obtain additional records related to the Dayton program after the DOJ failed to respond to a Judicial Watch Freedom of Information Act (FOIA) request (Judicial Watch v. U.S. Department of Justice (No. 11-971)).
On February 18, 2011, Fire & Police Selection, Inc. CEO Dan Biddle issued a sharp rebuttal to the government’s claims regarding its test.
…we are appalled to learn that the DOJ has branded our tests as “invalid,” despite having been appraised [sic.] openly in advance of our validation steps, methods, and resulting data, and despite having never raised a single concern over the process during the entire seven month-period prior to the exam administration…Click here.
…Only at this point, two months after the exams were given, has the DOJ made any assertion about the unfairness or impropriety of the selection exam, much less that the tests are not valid. This complete reversal and flip-flop of judgment contradicts DOJ’s position prior to test administration, i.e. that the test was valid. Given that the only new information introduced after test administration was test scores and passing rates by race, it is not a difficult leap to conclude that the DOJ’s decision to contradict their prior position is drive solely by test scores and passing rates by race…In fact, it is illegal and in direct violation of Title VII and the Equal Protection Clause of the 14th Amendment. Click here.
…It is our opinion that throwing out the exam results will inevitably lend to less qualified candidates taking the place of qualified candidates. We therefore recommend that the DOJ concedes with the City’s decision to move forward with the exam results, selecting one of three available cutoffs that align with the minimum competency levels established by the validation study.
According to a report by Dayton’s ABC News affiliate on March 11, 2011, the ultimate compromise struck between the City of Dayton and the DOJ resulted in a lowering of test standards for Police Department candidates:
The Dayton Police Department is lowering its testing standards for recruits. It’s a move required by the U.S. Department of Justice after it says not enough African-Americans passed the exam. Dayton is in desperate need of officers to replace dozens of retirees. The hiring process was postponed for months because the D.O.J. rejected the original scores provided by the Dayton Civil Service Board, which administers the test.
Under the previous requirements, candidates had to get a 66% on part one of the exam and a 72% on part two.
The D.O.J. approved new scoring policy only requires potential police officers to get a 58% and a 63%. That’s the equivalent of an ‘F’ and a ‘D’.
One would be hard pressed to find a more egregious example of the unlawful application of race-based quotas. These documents show the City of Dayton bent over backward to accommodate the DOJ’s ridiculous demands. But the racialists at the Holder Justice Department did not care a whit about the testing process; they cared only about the results and race quotas.