kati:

The question is not who was or wasn't discriminated against, The question should be who is the most qualified, who would be the fire captain who would be the best bet to insure the safety of the people of New Haven.

You've made this point over and over, but you're wrong: who was or was not discriminated against is EXACTLY the point. It's not the job of the courts to determine the best way to select which is the best method to select which firefighters get promoted.

However, it IS the concern of the courts to hear complaints that the method used violated Title VII of the Civil Rights Act. If the court finds that the method violates the law, it is unacceptable. If the court finds that it does not violate the law, then it is permissible. Whether or not a selection method which does not violate the law is the most effective way of determining the best candidates for promotion is not the business of the court.

Maybe you're right that a written test is a poor determinant of a better fire captain or lieutenant. I suspect that you are. However, while New Haven does not have the right to be discriminatory, they do have the legal right to be stupid.