Matter of State Commission for Human Rights v. Farrell, 24 N.Y.2d 961 (1969)
A court-ordered aptitude test, despite its imperfections, should be upheld when implemented in good faith and without evidence of improper conduct by the candidates who relied on the established procedure.
Summary
This case concerns the validity of an aptitude test administered under a court order designed to prevent racial discrimination in apprenticeship programs. Despite concerns about the test’s reliability due to repeated use of the same questions, the New York Court of Appeals affirmed the lower court’s decision to uphold the test results. The court reasoned that the candidates acted in good faith by preparing for the test as prescribed by the court order, and absent evidence of misconduct, the results should not be invalidated mid-process. The decision highlights the challenges in devising fair and effective methods for combating discrimination and the importance of maintaining consistency once a system is in place, even if it’s imperfect.
Facts
The State Commission for Human Rights initiated proceedings to address racial discrimination in building trades apprenticeship programs. The Supreme Court ordered an aptitude test to be administered by New York University. The same examination was given to apprenticeship applicants for three successive classes. Some applicants who failed previous exams received tutoring, which included familiarization with previous test questions. The New York University Testing and Advisement Service reported that, in numerous instances, the grades did not furnish a true index of the abilities of the applicants.
Procedural History
The Supreme Court authorized the examination. The Appellate Division affirmed the results of the examination. The Court of Appeals was asked to review the lower court decisions, which had upheld the validity of the aptitude test results, despite concerns about the testing methodology.
Issue(s)
Whether a court-ordered aptitude test, administered to prevent racial discrimination in apprenticeship programs, should be invalidated due to concerns about its reliability and the potential for coaching and foreknowledge of the questions.
Holding
No, because the candidates acted in good faith by preparing for the test as prescribed by the court order, and absent evidence of misconduct, the results should not be invalidated mid-process. Changes should not be made while the candidates are playing the game, in the absence of evidence of ulterior conduct, after they have legitimately expended time and money in endeavoring to qualify themselves to be examined and hired as apprentices under the present procedure.
Court’s Reasoning
The court acknowledged the concerns raised about the reliability of the aptitude test, particularly the fact that the same questions were used in multiple administrations and that some applicants received tutoring that gave them an unfair advantage. However, the court emphasized that the candidates acted in good faith by preparing for the test as it was prescribed by the court order. The court also noted that there was no evidence of improper conduct by the candidates or the tutoring services. The court reasoned that changing the rules mid-process would be unfair to those who had legitimately expended time and money in preparing for the examination. The court suggested that the testing system might need to be reconsidered and that other or supplementary methods of avoiding racial discrimination might need to be devised and put into effect. However, the court concluded that, at this stage, the system established by the court order should not be reversed in midstream. As Justice Van Voorhis stated in his concurrence, “[T]he rules should not be changed while the candidates for apprenticeships are playing the game, in the absence of evidence of ulterior conduct, after they have legitimately expended time and money in endeavoring to qualify themselves to be examined and hired as apprentices under the present procedure.”