Complete and Submit Case Study 2 (Chapter 8)The City of Omaha described the circumstances requiring a placement goal as “underutilization.” Omaha determines that an underutilization exists whenever the minority representation in a particular position is less than the goal.Pursuant to the fire department’s promotion process, candidates who pass both a written and a practical test are placed on an eligibility list in rank order of their scores. When there is an underutilization, race is also taken into account by the fire chief.On November 9, 2002, following promotions of other higher ranked candidates, Kohlbek was ranked second on the eligibility list, and Curtis was ranked below him. The fire chief selected Curtis to fill a recently vacated battalion chief position. The chief stated that he based his decision to promote Curtis on “a variety of factors,” including the fact that “at the time Omaha had only one black Battalion Chief out of 28 and the Department was underutilized in that position.” Six days later, another battalion chief position opened, and the chief selected the topranked candidate on the eligibility list for the position. Had the chief made all of his promotion decisions by rank order only, the topranked candidate would have been promoted on November 9, 2002, and Kohlbek would have been promoted 6 days later.On November 18, 2002, following promotions of other higherranked candidates, Pritchard was ranked second on the eligibility list. Estes and Andrews, who were then ranked 32nd and 33rd, were promoted out of rank order. Had the chief made all of his promotion decisions by rank order only, Pritchard and the topranked candidate on the list would have been promoted in lieu of Estes and Andrews.The fire chief testified that he probably would not have promoted out of rank order absent the affirmative action plan. Thus, to determine the legality of the promotion decisions at issue here, it is necessary to evaluate whether the racial classifications used in making promotional decisions under the 2002 Affirmative Action Plan are constitutional.The issue is whether the affirmative action plan was narrowly tailored to redress past discriminatory practices. What result?Kohlbek v. City of Omaha, Nebraska 447 F.3d 552; 2006 U.S. App. LEXIS 10783 (U.S. Court of Appeals Eighth Circuit).a. Do you agree with the court’s decision?b. What about the fire chief’s explanation that there was only one minority battalion chief out of 28?c. Do you believe this case resulted in an ethical resolution?
HRM 205 – The City of Omaha described the circumstances
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