The opinion of the court was delivered by: GETTLEMAN
This action, having been tried upon the facts by the court without a jury on plaintiff's motion for a preliminary injunction pursuant to Fed. R. Civ. P. 65, the court makes the following findings of fact and conclusions of law.
A.The Plaintiffs And Their Complaint
1. Plaintiffs are 44 African-American or Hispanic members of the Chicago Police Department ("CPD") who hold the career service rank of sergeant and participated in the 1994 lieutenant promotional examination.
2. Plaintiffs have not been promoted to the rank of police lieutenant based on the results of the 1994 police lieutenant examination.
3. On March 28, 1995, plaintiffs filed a complaint in this action challenging the 1994 police lieutenant examination process under 42 U.S.C. § 1981 and 42 U.S.C. § 1983.
5. On February 9, 1996, in open court, plaintiffs abandoned their § 1981 and § 1983 claims.
6. Plaintiffs contend, inter alia, that the test has a disparate impact upon African-Americans and Hispanic police sergeants and is an unlawful employment practice under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e.
7. The 1994 lieutenants' test was completed by 765 police sergeants: 31% of those who took the test were African-American or Hispanic. The City intends to make a total of 108 promotions from the 1994 lieutenant list; less than 6% of these promotions will go to African-American or Hispanic police sergeants.
8. Defendant City of Chicago has to date made 54 promotions from the 1994 promotional roster. 51 of those promoted were white. As the result of these promotions (51 white sergeants and 3 minority sergeants), the percentage of African-American and Hispanic lieutenants has decreased to 19%.
9. The position of lieutenant is the rank form which higher level supervisors in the police department are generally selected.
B. The 1994 Police Lieutenant Examination
10. In 1990, Mayor Richard M. Daley formed a Blue Ribbon Panel, consisting of distinguished members of the law enforcement profession, to make recommendations regarding promotional practices in the CPD.
11. The Blue Ribbon Panel recommended that the City use an outside consultant to design and administer CPD promotional examinations.
12. Consistent with the recommendation from the Mayor's Blue Ribbon Panel that the City use an outside consultant to design and administer CPD promotional examinations, the City retained Barrett & Associates, Inc., to develop and administer the 1994 police lieutenant examination.
13. Barrett & Associates, Inc. ("Barrett"), is a consulting firm that has specialized in the development of employee selection and promotional examinations since 1973.
14. Since 1973, Barrett has developed about a dozen police and fire examinations for municipalities.
15. The test components and the weights of those components were announced to the candidates prior to the administration of the 1994 police lieutenant examination.
16. Barrett agreed to develop a content valid, non-discriminatory CPD lieutenant examination.
17. A content valid test is designed to measure the knowledge, skills and abilities needed to perform the job.
18. The EEOC Uniform Guidelines recognize content validity as an appropriate method of test validation.
19. The initial phase of Barrett's test development included a job analysis to identify the major work behaviors and the related knowledge, skills and abilities ("KSAs") for the job of Chicago police lieutenant.
20. Shortly before Barrett began its job analysis, an organization known as HR Strategies had prepared a job analysis of the position of lieutenant in the CPD. That job analysis also identified various KSAs essential for the lieutenant job.
21. Barrett reviewed and used the HR Strategies job analysis as part of the preparation of its job analysis.
22. Barrett's job analysis consisted of interviews of incumbent lieutenants and other CPD supervisory personnel, ride-alongs, first hand observations of the job of Chicago police lieutenant and a review of all relevant departmental and organizational documents.
23. The culmination of Barrett's interviews, document reviews and ride-alongs was a master job description for the position of police lieutenant that Barrett prepared.
24. Four CPD lieutenants reviewed Barrett's master job description for accuracy and completeness.
26. Barrett then linked the job analysis and the job description to the content of the three test battery components: a written job knowledge test, an "in-basket" simulation and an oral briefing exercise.
27. The written job knowledge component was a 150 question multiple choice examination designed to test a candidate's knowledge of CPD General Orders, Special Orders, Illinois Compiled Statutes and Chicago Municipal Ordinances. CPD lieutenants must know the General Orders, Special Orders and Illinois statutory law.
28. The written job knowledge component also tested reading comprehension.
29. In an effort to ensure the relevance and accuracy of the questions on the written job knowledge component, each of the written test questions was reviewed by CPD subject matter experts Chief of Patrol John Cadogan, Lieutenant John Klein, Deputy Chief William Shaw, who is African-American, and Commander Joseph Delopez, who is Latino. Barrett added, deleted or modified test items based on feedback from these CPD subject matter experts. The CPD subject matter experts found that the written job knowledge test was related to the job of police lieutenant.
30. The in-basket component was designed to assess the administrative skills identified as important for the successful performance of the job of Chicago police lieutenant. It involved reviewing documents and answering multiple choice questions. It was designed to closely approximate items that a Chicago police lieutenant might find in an in-basket.
31. CPD subject matter experts Cadogan, Klein, Delopez and Shaw reviewed the in-basket component to ensure relevance and credibility. The CPD subject matter experts found the in-basket component complete and appropriate.
32. The oral briefing exercise was designed to measure those job dimensions identified during the job analysis as vital to successful performance as a Chicago police lieutenant, such as analytical ability and organizational and oral communication skills. It involved reviewing documents and making a speech into a tape recorder. The exercise was designed to simulate a roll call in which the lieutenant candidate had to inform officers about a new gang on the street.
33. Chief Cadogan and Lieutenant Klein reviewed the oral briefing exercise. Barrett made revisions to the oral briefing exercise ...