JUDGE SOTOMAYOR: Counsel were not suggesting that unqualified people be hired. The citys not suggesting that. All right? But there is a difference between where you score on the test and how many openings you have. And to the extent that theres an adverse impact on one group over the other, so that the first seven who are going to be hired only because of the vagrancies [sic] of the vacancies at that moment, not because youre unqualifiedthe pass rate is the pass rateall right? But if your test is always going to put a certain group at the bottom of the pass rate so theyre never ever going to be promoted, and there is a fair test that could be devised that measures knowledge in a more substantive way, then why shouldnt the city have an opportunity to try and look and see if it can develop that?
KAREN LEE TORRE: Because they already developed it, your honor.
JUDGE SOTOMAYOR: It assumes the answer. It assumes the answer which is that, um, the test is valid because we say its valid.
KAREN LEE TORRE: The testing consultant said it was valid. He told them it was valid
. They had evidence that the test was job-related and valid for use under Title VII.
KAREN LEE TORRE: Because they already developed it, your honor.
JUDGE SOTOMAYOR: It assumes the answer. It assumes the answer which is that, um, the test is valid because we say its valid.
KAREN LEE TORRE: The testing consultant said it was valid. He told them it was valid . They had evidence that the test was job-related and valid for use under Title VII.
Disturbing!