Comment by legitster

Indeed, it didn't have race-based questions, which I don't think anyone claimed. Rather it had totally arbitrary questions, not related to merit in any plausible way, and a score cutoff that made it highly likely you'd fail if you hadn't been tipped off with the correct answers.

For instance, there is a 15-point question for which you have to answer that your worst grade in high school was in Science, and a separate 15-point question where you have to answer that your worst grade in college was in History/Political Science; picking any of the other options (each question has 5 possible answers) means 0 marks for that question. Collectively, these two questions alone account for one eighth of all the available points. (Many questions were red herrings that were actually worth nothing.)

But then the same blacks-only group that had lobbied internally to get the questionairre instituted (the National Black Coalition of Federal Aviation Employees) leaked the "correct" answers to the arbitrary questions to its members, allowing them to get full marks. Effectively this was a race-based hiring cartel. Non-blacks couldn't pass; blacks unwilling to join segregated racial affinity groups or unwilling to cheat the test couldn't pass; but corrupt blacks just needed to cheat when invited to and they would pass easily, entering the merit-based stage of hiring with the competition already eliminated by the biographical questionairre.

(A sad injustice is that blacks who wouldn't join the NBCFAE or cheat the test, and so suffered the same unfair disadvantage as whites, are excluded from the class in the class-action lawsuit over this whole mess. Since the legal argument is that it was discrimination against non-blacks, blacks don't get to sue - they lost out because of their integrity, not their race, and they have no recourse at law for that.)

See the questions at https://github.com/kaisoapbox/kaisoapbox.github.io/blob/main... or read an account of the story at either https://www.tracingwoodgrains.com/p/the-faas-hiring-scandal-... (short) or https://www.tracingwoodgrains.com/p/the-full-story-of-the-fa... (long).

>> The ATC biographical assessment didn't have any race-based questions - it was just a decision making questionnaire

Looks like this is the case, https://casetext.com/case/brigida-v-buttigieg-1.

"Though not at issue in this motion, the Plaintiffs allege that the FAA failed to 'validate' the Biographical Questionnaire, and that the Biographical Questionnaire awarded points to applicants in a fashion untethered to the qualifications necessary to be an air traffic controller. For instance, applicants could be awarded fifteen points, the highest possible for any question, if they indicated their lowest grade in high school was in a science class. But applicants received only two points if they had a pilot's certificate, and no points at all if they had a Control Tower Operator rating, even though historic research data indicated that those criteria had 'a positive relationship with ATCS training outcomes'. Further, if applicants answered that they had not been employed at all in the prior three years, they received 10 points, the most awarded for that question."

Can you explain to me why it was more important for air traffic controller candidates to be bad at science and unemployed than it was for them to be pilots or trained in air traffic control?

I don't know anything about the lawsuit, but I do know that someone leaked the "answers" to members of a group representing people of a specific race.

(Opinions are my own and not necessarily that of the FAA.)