Attorney: Plaintiffs will appeal dismissal of Iowa discrimination lawsuit
A judge's ruling said there wasn't evidence to prove 'unconscious bias' against black job applicants.
April 18th, 2012
03:49 PM ET

Attorney: Plaintiffs will appeal dismissal of Iowa discrimination lawsuit

By Stephanie Siek, CNN

(CNN) – The lawyer representing up to 6,000 African-American plaintiffs in an employment discrimination lawsuit against the state of Iowa says he will appeal a judge’s dismissal of the case.

"This was a step forward, but we're disappointed that it wasn't a bigger step forward from this judge," said Thomas Newkirk. "We will appeal it and keep fighting to expose the reality of how bias works in the system."

Iowa Fifth Judicial District Judge Robert J. Blink dismissed the case Tuesday, ruling that evidence presented by the plaintiffs did not prove hiring and promotion discrepancies between blacks and whites were caused by discrimination. But it also asked the state why it wasn’t using existing tools and policies to see whether it was fulfilling its goals as an Equal Opportunity Employer.

In a press release, Iowa State Attorney General Tom Miller praised Blink's ruling, calling it a "thoughtful decision (that) is based on the law and the facts of the case."

"The plaintiffs had an expert who testified that even if the agencies didn't know the race of the applicants, that somehow in a subconscious way they did know and discriminated against African-Americans," Miller said in a press release. "Judge Blink has rejected this claim as clearly as he should have."

The case, Pippen v. State of Iowa, was filed in 2007. It is the first large-scale legal case to argue that subconscious biases held by whites against African-Americans influenced decisions about hiring and promotions. It included 32 named plaintiffs, three of whom have since died, who said they were rejected for promotions or jobs with the Iowa state government and agencies between July 1, 2003 and the date of the ruling. Newkirk said there are currently 30 individual claims on file.

As evidence, it cited the Implicit Association Test, created by researchers to measure subconscious bias. A meta-analysis of test results from several different studies showed that up to 70% of white test takers nationwide, regardless of age, gender or self-reported attitudes of tolerance, showed a measurable preference for whites over blacks. This was the case even for people who considered themselves non-racist or progressive.

Newkirk and his legal team argued that if the test were given to hiring managers within the state agencies of Iowa, it would show roughly the same results and stand as evidence of bias that could have resulted in discrimination against African-American employees and job applicants.

But Blink said that there wasn't enough evidence to support that assumption.

Newkirk said Wednesday he plans to ask the state of Iowa to allow its hiring managers to take the Implicit Association Test.

"This case was about trying to expose the reality of how established bias is and how it can affect the equality of certain groups," Newkirk said. "African-Americans in particular have a lot of discrimination in their past. I think most people, regardless of whether they are conservative or liberal, would agree that there are currents of past racism that flow forward to today, but not everyone admits that.”

Beverly Couch, a plaintiff who said she was passed over after she applied for "hundreds" of positions and promotions within the state government, said she plans to be part of the appeal of Blink's ruling.

"I'm very disappointed, mainly because this is state government and state government should be an example for all – for the whole state," said Couch, who worked 16 years with three state agencies in Iowa. "Instead of being a good example, they’re fighting it."

Posted by
Filed under: Black in America • Discrimination • How we live • Race • Social justice
soundoff (134 Responses)
  1. Pmn

    Seems to be a whole lot of descendants of Asa Carter on this forum.

    April 22, 2012 at 6:49 pm | Report abuse |
    • Linn

      I am certainly wondering, if this same "test" was given to blacks would it not also show the same results in reverse?

      April 24, 2012 at 10:39 am | Report abuse |
      • Ohan

        Linn- I am positive it may (as people say; "two wrongs do not make a right"); but whether it would or would not is irrelevant, the fact of the matter is that this implicit bias is taking place when it should not. Hiring managers are required to be impartial: just like a jury in a civil/criminal trial....

        September 28, 2012 at 2:47 am | Report abuse |
  2. Marlon Cole

    Well the Matrix will face Karma. To gain some insight. The Black man ( for those that don't innerstand) were in America 4,000 years before a white man got to so-called America. The European like everywhere else conquered the land and put his sytem into place. So expect some rejection. Ahhhhhhhhhhhh – the Truth hurts but it will set you free. We as people (who are conscious) are here to in this incarnation to gain information. So if there are some disruption in our paths learn to overcome them. Not getting that All-American job is one of them.

    April 22, 2012 at 5:23 pm | Report abuse |
    • Rob

      that's the dumbest thing I've ever heard

      April 22, 2012 at 11:03 pm | Report abuse |
  3. Marlon Cole

    Correction: Typo – Education.

    April 22, 2012 at 5:08 pm | Report abuse |
    • Marlon Cole

      Excuse my typos. Not the best typer.

      April 22, 2012 at 5:10 pm | Report abuse |
  4. Miguel

    Here ya go....It is a huge cost to every American Tax Paying Citizen.

    Google the first line for multiple sources:

    $113,000,000,000 – This year's cost of US illegal immigration. Approximately 75% of that cost is absorbed by the states.

    $1117 – The average amount you and your family paid in taxes this year to support illegals.

    $52,000,000,000 – The cost of educating the children of illegals. This
    is by far the single largest cost to the American taxpayer.

    $2,700 – The average dollar amount a single illegal household costs the US federal government.

    51% – The percentage of Mexican immigrant households that use at least one major welfare program. 28% use more than one.

    1,400,000- The number of illegal immigrant households that use at least
    one major welfare program. (food stamps, WIC, school lunch, Medicaid, TANF, SSI, and public/rent-subsidized housing)

    April 22, 2012 at 2:36 am | Report abuse |
  5. jj

    Let me guess, the judge is white.

    April 18, 2012 at 8:57 pm | Report abuse |
    • Bubba™

      White and male, lol 🙂 One two strikes grounds for appeal. Haha! We need some chinese tyranny judges.

      April 18, 2012 at 9:01 pm | Report abuse |
    • Leviathon

      What negative words am I allowed to say about this guy jj?????

      April 18, 2012 at 10:39 pm | Report abuse |
  6. AS1980

    Great, just what I need....someone to sue me because "subconciously" I am a "racist", didn't "know it" and, didn't hire them. So now they get all my money? If any court sides with that idea, then no one will be getting hired or, not hired. If these types of lame-brained lawsuits continue to grow, they will just arm real "racists" with all the ammunition they need to enlist converts. Think you have it bad now, wait until that happens.

    April 18, 2012 at 8:35 pm | Report abuse |
    • Joe

      Ur a closet Klansman. LOL 😉

      April 18, 2012 at 8:47 pm | Report abuse |
    • Ms Sue

      Thought Crime! LOL

      April 18, 2012 at 9:42 pm | Report abuse |
    • Ntrain2k

      Yep. Gotta love that liberal ignorance, huh?

      April 19, 2012 at 9:24 am | Report abuse |
  7. mattyng

    Whites prefer whites because they are the most boring people in the world! They all eat the same things, listen to same things, play the same things, interact with the same people. They don't want any change or diversity anywhere. Imagine living in a country with only white people. It is almost feels inbreeding or incestuous.

    April 18, 2012 at 8:23 pm | Report abuse |
    • Bubba™

      Not true, I love fried chicken and watermelon, collard greens and blackeye peas.

      April 18, 2012 at 8:25 pm | Report abuse |
      • YogerTheOgre

        Yea, and stuffing, pumpkin pie, rare meats, peanut butter & banana sandwiches, white milk, and soup! Yummy!

        April 18, 2012 at 8:37 pm | Report abuse |
      • Joe

        If they eat all that fried food and mcdonalds its unhealthy. They should pay more for health insurance to cover the costs. I guess that's what obamacare is for.

        April 18, 2012 at 8:44 pm | Report abuse |
      • Leviathon

        I like you bubba!!!!

        April 18, 2012 at 10:40 pm | Report abuse |
    • Bubba™

      Didn't see much diversity in China. They are doing just fine.

      April 18, 2012 at 8:29 pm | Report abuse |
      • Joe

        Not fair the chinese get to have a country all to themselves and come to america too. Then they open ip filthy chinese restaurants in Washington DC to serve the black population and get no appreciation for it

        April 18, 2012 at 8:38 pm | Report abuse |
      • YogerTheOgre

        The grass is always greener...

        April 18, 2012 at 8:38 pm | Report abuse |
      • DBM

        It isn't just Chna, try most of Asia...

        April 18, 2012 at 9:01 pm | Report abuse |
      • Halloween

        6000 "plantiffs" should occupy the white house sidewalk. The welfare wizzard we have of this country is a communist. In china only one child is allowed. Have your pet spade or neutered. Currently in USA the English language is still first then secondary languages like spanish or french not street language which is also obvious during an interview, like the obesity of food stamps supplied by state workers.

        April 20, 2012 at 9:30 am | Report abuse |
    • RuffNReady

      That's an interesting point, Matty. Whether it's true or not is a matter of debate. However, IF a person matches that generalization and falls into your description, THAT'S THEIR RIGHT. They don't have to change their preferences to suit you or anyone else. If you have a problem with that, then it's just that–YOUR PROBLEM.

      Is that too hard for you to understand?

      April 18, 2012 at 8:38 pm | Report abuse |
    • David Duvall

      Define racism for me? Seriously, most people cannot define it. I prefer Country & Western music and don't like rap crap – whoops, I mean rap music. Does that make me racist? The issue is no longer racism – it has to do with culture. The issue no longer has to do with skin color – it has to do with culture. I recognize that trash is trash. Some cultures are superior to other cultures. Disagree? Then you must support cannibalism as a cultural practice.

      April 18, 2012 at 8:38 pm | Report abuse |
      • Florida Bill

        I actually agree with you the definition of racism has been stretched to a point of absurdity. I hear it used to describe prejudice against Hispanics. Since when is Hispanic a race? In fact its a generalization itself, lumping those from Spain with those in South America with those in Central american and those in Puerto Rico and Cuba as if one discrete racial group. I happen to detest the use of non-standard English by ANYBODY and hate what texting and emails and other ephemeral modes of communication have done to spelling and grammar. Frankly, I think my dislike of the use of non-standard English would be interpreted as some kind of racial prejudice. I frankly think that racist claims have gone too far.

        April 18, 2012 at 8:51 pm | Report abuse |
      • Bubba™

        Wouldn't be surprised about the cannibalism part or shrunken heads. Or dinner plates in their lips. Hehe!

        April 18, 2012 at 8:55 pm | Report abuse |
    • Norm

      If you read any of the research you'll find that black people prefer white people too.

      April 18, 2012 at 9:54 pm | Report abuse |
  8. Joe

    There is scientific evidence that in 2000BC. White cavemen didn't want black cavemen in there caves. Also black african tribes used to eat white people.

    April 18, 2012 at 8:23 pm | Report abuse |
  9. Unthinking behavior

    Subconscious bias? It is so subtle that white people don't even know they are thinking it, yet some are so attuned to it they can discern it in others. Mostly blacks...with lawyers.

    April 18, 2012 at 8:17 pm | Report abuse |
  10. Bubba™

    Only in America... was the judge male, female, black, white or white Hispanic?

    OJ got a fair trial with judge Ito....lol

    April 18, 2012 at 8:17 pm | Report abuse |
  11. john

    Ttayvon, kishawn, shaqisha, tangelo, disa and Nanci.....NEED NOT APPLY.... 😉

    April 18, 2012 at 8:10 pm | Report abuse |
    • YogerTheOgre

      Yea, and no johns either... LOL!

      April 18, 2012 at 8:20 pm | Report abuse |
  12. Kelso

    As long as there is a humongous gap between whites and blacks in terms of education and lots of other areas, I can only grin at the claim they were "discriminated against".

    April 18, 2012 at 7:59 pm | Report abuse |
  13. ProperVillain

    Affirmative action at work. If you still don't get the job with hiring quotas, try suing. Civilization has just been set back 60 years...

    April 18, 2012 at 7:58 pm | Report abuse |
  14. Joe

    The IAT may reveal subconscious bias, BUT... Everyone has some bias built in; we are hardwired to identify with those like ourselves, and this bia is not unique to any race or culture. The fact that bias is present is hardly news, but under the law it is actions that matter. It would be quite a leap to prosecute people for thoughts as opposed to actions. Racism or bias is unjustifiable, but unless it is acted on I fail to see the legal justification for this case. Can we charge someone for thinking about robbing a bank?

    April 18, 2012 at 7:44 pm | Report abuse |
  15. RuffNReady

    "The plaintiffs had an expert who testified that even if the agencies didn't know the race of the applicants, that somehow in a subconscious way they did know and discriminated against African-Americans"

    How stupid are these people to claim that they are being discriminated against subconsciously? Do they think the people who aren't hiring are psychic? Maybe it's because their applications prove that they are virtually illiterate and obviously challenged? Just a guess.

    April 18, 2012 at 7:43 pm | Report abuse |
  16. HRPuckinfutz

    Sounds like they performed their hiring and promotional practices based on the the qualifications of the applicants. Perhaps those complaining should better qualify themselves.

    April 18, 2012 at 7:37 pm | Report abuse |
  17. HenryMiller

    "...to see whether it was fulfilling its goals as an Equal Opportunity Employer."

    But blacks don't want equal opportunity, they want superior opportunity.

    April 18, 2012 at 7:34 pm | Report abuse |
    • RuffNReady

      Actually, I think many of them WANT to be rejected for the job because they know that they can scream "discrimination" and win lots of money in a lawsuit.

      April 18, 2012 at 7:46 pm | Report abuse |
      • YogerTheOgre

        You appear to be suffering from delusions of grandeur. As if the entire population of Black Americans, who seek employment, have absolutely nothing better to do with their time than to seek ways to fail and blame whites. Think about what you say before you speak. Your lack of thoughtless verbiage only makes you appear incompetent.

        April 18, 2012 at 7:57 pm | Report abuse |
      • RuffNReady

        I'm OK with your silly accusations, Yoger. However, I'm not the one expecting to be handed a job and screaming "discrimination" even though I'm not qualified. If these people are so "stoo-pid" as to think that they are being discriminated against "subconsciously" and can file a lawsuit as result, then how qualified are they, really? They aren't. They just want to be handed a job.

        April 18, 2012 at 8:28 pm | Report abuse |
      • RuffNReady

        BTW, Yoger, I'm looking for where I said "the entire population of black Americans". I said "many of them". You don't read so well, do you? Gosh, you almost sound "incompetent".

        April 18, 2012 at 8:32 pm | Report abuse |
    • YogerTheOgre

      Thank you for pointing out the typo. If all you can do is take issue with a typo in my statement, then you've obviously gotten my point. My point still stands.

      April 18, 2012 at 8:12 pm | Report abuse |
  18. RuffNReady

    "But it also asked the state why it wasn’t using existing tools and policies to see whether it was fulfilling its goals as an Equal Opportunity Employer."

    In other words, meeting the black hiring quota.

    April 18, 2012 at 7:28 pm | Report abuse |
    • YogerTheOgre

      No quotas; but it is to make sure ALL individuals have a fair shot at employment opportunities and not shut out people because of differences in race, religion, color, creed, etc... Also Equal Opportunity helps to combat rampant issues with nepatism (where individuals exclusively hire of friends, family, special interests groups, etc.).

      April 18, 2012 at 7:36 pm | Report abuse |
      • RuffNReady

        Of course there are quotas. They might not be called that, but it amounts to the same thing. They're supposed to hire a certain number of blacks, regardless of how unqualified or stupid they are. They just expect to be handed a job and a paycheck, even though they know they aren't the most qualified.

        April 18, 2012 at 7:48 pm | Report abuse |
      • YogerTheOgre

        Then you need to educate yourself on Equal Opportunity. You also appear to be unaware of our great nation's checkered past, not so very long ago. There is a reason EO exists and it is not because of a bunch of whining black people, as your perception seems to be stuck on. You seem to have a problem with fairness and equality. Perhaps you are one of those people with the mindset of those in the days of segregation. You are sure coming across that way...

        April 18, 2012 at 8:03 pm | Report abuse |
      • HenryMiller

        Actually it's nepotism "where individuals exclusively hire of friends, family, special interests groups, etc," not "nepatism."

        April 18, 2012 at 8:10 pm | Report abuse |
      • RuffNReady

        Yoger, does EO require an employer to hire a black person even though they aren't the most qualified for the job? You obviously think they should be.

        April 18, 2012 at 8:35 pm | Report abuse |
    • HenryMiller

      I wonder what the quota is for the job of "President of the United States?"

      April 18, 2012 at 8:12 pm | Report abuse |
      • YogerTheOgre

        Let's see Henry... Go ahead and apply and run for the the position and let's see what happens... LOL!

        April 18, 2012 at 8:19 pm | Report abuse |
  19. Wayne

    Excellent point !!

    April 18, 2012 at 7:24 pm | Report abuse |
  20. Tolbert

    How did they guess the race of the applicants?

    Let me guess ... lack of qualifications? Maybe, just maybe.

    April 18, 2012 at 7:13 pm | Report abuse |
  21. Joe SKinner

    Lets all move back to Africa then we wont have to worry about white racism anymore.

    April 18, 2012 at 7:03 pm | Report abuse |
    • Mitch

      Marcus Garvey had the right idea. Booker T. Washington was another good black leader.

      Unfortunately, they were sidelined and buried by the grievance hustlers, both blacks and their mainly Jewish advisers, lawyers and financiers.

      April 18, 2012 at 7:08 pm | Report abuse |
    • YogerTheOgre

      Great idea Joe. Set the example and lead the way! Let me know how it goes!

      April 18, 2012 at 7:39 pm | Report abuse |
  22. Al

    Can we acknowledge that there are racists on both sides but because Caucasians are the majority, the statistical evidence showing racist ideology encompasses more people.

    If there isn't racism in the world then the teen in TX who ran over a black man because he was black wouldn't have occurred. In addition there was the shootings in Tulsa, OK and oh by the way Trayvon Martin.

    April 18, 2012 at 7:01 pm | Report abuse |
    • Hawkeyes

      And don't forget the black vocational nurse in TX who killed a white woman then stole her baby. And the black kids that ganged up on an elderly Toledo man while screaming "this for Trayvon!!! Get that White man!!!"

      April 18, 2012 at 7:09 pm | Report abuse |
    • Mitch

      Asians are the most "racist" people in the world, both in percentages of "racists" and absolute numbers.

      Most interracial crimes are non-white on white. How many of those are racially motivated? No doubt lots.

      Try yanking yourself out of the "hate YT" mode for a change.

      April 18, 2012 at 7:10 pm | Report abuse |
  23. Haha

    Unqualified blacks complaining again?

    April 18, 2012 at 7:01 pm | Report abuse |
  24. outawork


    April 18, 2012 at 7:00 pm | Report abuse |
  25. Al

    Funny to call blacks lazy when they picked the cotton, laid the train tracks and basically built this country on the backs of their free labor.

    April 18, 2012 at 6:57 pm | Report abuse |
  26. Hawkeyes

    Shorty, don't you know things like BIAS, RACISM, HATE CRIME, etc. etc. can only be applied to Whites???

    April 18, 2012 at 6:56 pm | Report abuse |
  27. Hawkeyes

    One more for the GOOD guys!

    April 18, 2012 at 6:54 pm | Report abuse |
  28. john

    Woo hoo!

    April 18, 2012 at 6:39 pm | Report abuse |
  29. Brett

    Im glad this was thrown out, it would open pandoras box for unlimited amount of law suits down the road.

    April 18, 2012 at 6:36 pm | Report abuse |
  30. Intruth23

    Again, your prejudice, racism and racisl bias is bubbling to the surface. You are more than proving the point of this article especially trying to insinuate that blacks ar lazy. That is complete BULL! Blacks have had to deal with racism, discrimination and racial bias for 400 years in this country. True life is not fair, but life is also what you make it. I certainly will not allow you to make it unfair for me. Not doubt these plantiffs will win on appeal and I love it!

    April 18, 2012 at 6:27 pm | Report abuse |
    • Frunk65

      You are right, life is what YOU make of it, not how game the system.

      April 18, 2012 at 6:56 pm | Report abuse |
  31. Intruth23

    If you are a manager and see someones resume and it says Malcom Johnson, or Tyrone Good or Tyric Miller, or Malica White please don't tell me you won't make the assumption that they are Black! If you see someone's resume that says Austin Powers, of Richard Blake, or Kye Justice or Laura Gore, you won't assume they are White. How do I know, I hire people all the time and can make that distinction. When I interview them by phone and listen to the cadence in their voice or in person I'm 90% right. If I were of the persuasion that blacks are no good or lazy or don't deserve a job, I would not hire them. Or would not promote them. That is a fact. However I have had the fortunate experience of hiring blacks, whites, latinos and asians. They have all turned out to be outstanding employees. Yes I have seen some who did not work out. White and black. But, most people if given the chance will do their best to get their job done. They just need the opportunity!

    April 18, 2012 at 6:21 pm | Report abuse |
    • john

      Yup, they're out automatically. Don't even want to know if they're black or not. That's too much information.

      April 18, 2012 at 6:41 pm | Report abuse |
    • Tolbert

      Most people will do their best, but the average level of "best" varies across groups.

      April 18, 2012 at 7:14 pm | Report abuse |
    • Inky guy

      Thank you for that. Your comment is actually offering light in the midst of a lot of smoking manure from people who are not really here to discuss or learn but just trying to be offensive, rude and provocative. It is masturabatory commenting, intended only for their own jollies and self-satisfaction with no real awareness or care of others existing in the world.

      April 18, 2012 at 11:05 pm | Report abuse |
  32. Terry Chi

    If you read the research that used the IAT, here is the general pattern: On AVERAGE, Whites prefer images of White people. Ok, on average. When you have African-Americans view the IAT, on AVERAGE, they show no racial preference, again on AVERAGE. What that means, and the research shows that around 50% of African-Americans show a pro-black preference, and 50% show a pro-White preference. The two divergent preferences cancel each other out...I wonder if the plaintiff attorney presented that data? I discuss this issue on day 1 of my Intro Psych class – to stir them up...and to point out statistic issues and selective use of research.

    April 18, 2012 at 6:20 pm | Report abuse |
    • corpsman

      You have no clue how to interpret this data, do you?

      April 18, 2012 at 6:31 pm | Report abuse |
    • RacismstillexistsTODAY

      Why in the world would you want to raise such issues in a classroom, on the first day too?!! Hopefully wherever you attend class and whatever you are studying, there is DIVERSITY!!! Bytheway, what sort of replies did your fellow classmates return?

      April 18, 2012 at 6:34 pm | Report abuse |
      • Inky guy

        The poster is the professor of the class, not one of the students.

        April 18, 2012 at 11:09 pm | Report abuse |
      • Terry Chi

        Why not? To get people thinking...and put a mirror to their face, "Am I a racist as the IAT seem to indicate that I am? Or is this just some other artifact of the research?" To get students thinking doesn't mean "thinking comfortably". I'm not a student there, I'm the professor.

        April 19, 2012 at 10:23 am | Report abuse |
    • Mark

      Exactly, the so called "test" should that people who do not have a racist bone in their body have a preference.... If the test was perfectly true that would show what? Human Nature?
      In effect, this study,which no doubt was paid for with your tax dollars, were taken seriously then there can never be ANY defense in a discrimination case. If a non white is not hired or promoted by a black OR a white then it was discrimination.

      April 18, 2012 at 6:56 pm | Report abuse |
  33. guest

    I'm all for equal opportunity, and I am totally against discrimination, but this is floozy science. It sounds like manipulated statistics: correlations rather than causal relationships, not hard science. Even if it is somehow true that everyone is subconsciously biased, anti-discrimination laws require the discrimination to be active and deliberate – so "subconscious bias" doesn't count. Apparently there are still some competent judges out there.

    April 18, 2012 at 6:05 pm | Report abuse |
  34. garys

    Come on how can you be held accountable for unconsciously discriminating?
    The very wording show no intent. Without intent there can be no illegal act.
    Thus how can you be sued for discriminating without intent?
    The judge was correct for throwing this out.

    April 18, 2012 at 6:04 pm | Report abuse |
    • Jeremy

      This logic is so incredibly dumb. You get into a car accident and kill someone. You didn't intend to but it happened. Yet you're still charged with involuntary manslaughter. Poor logic debunked.

      April 18, 2012 at 8:46 pm | Report abuse |
  35. keeping it REAL!

    Explain why?

    April 18, 2012 at 6:02 pm | Report abuse |
  36. crg

    I'm hearing the majority of what you all are saying.... Be sure to VOTE in November.

    April 18, 2012 at 5:56 pm | Report abuse |
  37. YouAreDoingItWrong

    I'm a little skeptical of Beverly's racism card. If 70% of people are biased against black applicants, and she applied for "hundrends" of jobs (let's say 300 at a minimum), then that means she applied to 90 unbiased jobs (300 * (1 – .7)). I think 90 jobs is a pretty fair number of jobs to apply for. If you were turned down for all of them I think that's evidence that you're unqualified, the job market is extremely dry, or you're just plain doing it wrong.

    April 18, 2012 at 5:52 pm | Report abuse |
    • Larry

      Well stated. As always there are two sides to every coin and the plaintiffs can't have it both ways. If they're gonna assume that 70% are biased then they also must assume that 30% are not biased. There is obviously something else wrong with someone who is turned down for 90 unbiased job applications.

      April 18, 2012 at 6:28 pm | Report abuse |
  38. Nick

    I live in Iowa and there is some truth behind this. I've traveled to New Orleans, Los Angeles, Miami, and other larger cities. The African American population here is worse than New Orleans. African Americans in Iowa seem to be addicted to the life media portrays them as. It isn't our state's fault. African Americans i've met elsewhere have better outlooks and don't put on a "gangster act." I'm a heavy drinker, so when I travel I make my rounds through each city haha.

    April 18, 2012 at 5:44 pm | Report abuse |
    • YogerTheOgre

      Haha, and you appear to be drunk now! Haha!

      April 18, 2012 at 7:30 pm | Report abuse |
  39. DBSaint

    Good points made already that the main argument by the plantif is the "meta analysis" of the IAT. To add to that, it's meta analysis. That is similar to taking the average of an average, which has been proven to not be as accurate as the original results. Also, great comment that this is "thought crime" very slippery slope here folks.

    April 18, 2012 at 5:44 pm | Report abuse |
  40. Tee

    The truth hurts.

    April 18, 2012 at 5:43 pm | Report abuse |
  41. cc

    "even if the agencies didn't know the race of the applicants, that somehow in a subconscious way they did know" Is this guy crazy? How would they know-are they all psychics?

    April 18, 2012 at 5:39 pm | Report abuse |
    • Southernquilts

      We're being tested for subconscious racism? Sure.

      April 18, 2012 at 6:26 pm | Report abuse |
  42. Tee

    They sure are getting desperate for cash lately.

    April 18, 2012 at 5:39 pm | Report abuse |
  43. DeeNYC

    maybe if they spent less time protesting and suing everyone they could find a job.

    April 18, 2012 at 5:34 pm | Report abuse |
  44. yaya

    flawed case!

    April 18, 2012 at 5:33 pm | Report abuse |
  45. PuRacist

    Yes, Discrimination is alive everywhere. All races harbor some sort of bias against other ethnicities. I would rather hang out with my own race of course if given the choice, But the assertion that its systematic or directed specifically is improvable and improbable. There is always a good chance that when you do hire a color and find they don't work out very well that you'll be defending yourself in a discrimination law suit. LOL, That'll help get you a job for sure. LOL, Just sayin...LOL

    April 18, 2012 at 5:32 pm | Report abuse |
  46. Jason D

    Thats called posative racism and thats ok....well everyone tells us its ok, if a black man had shot an asian kid in a hoodie would we still be having this uproar, or an uproar at all?.....if it doesnt pass the mirror test then its racism in some form, against black, by black, against none white by none white....racism isnt just a white only persuit

    April 18, 2012 at 5:31 pm | Report abuse |
  47. Jason D

    subsciously was racist?...or did they look at the name of the person and it stood out as an african american sounding name

    April 18, 2012 at 5:28 pm | Report abuse |
  48. Xerc

    I want to see someone prove this statement..

    "The plaintiffs had an expert who testified that even if the agencies didn't know the race of the applicants, that somehow in a subconscious way they did know and discriminated against African-Americans," Miller said in a press release. "Judge Blink has rejected this claim as clearly as he should have."

    How the hell are you going to prove that someone subconsciously biased someone..

    April 18, 2012 at 5:24 pm | Report abuse |
  49. Maya

    If the IAT is the best evidence you have to prove bias, you are in trouble. The IAT is not scientific. Because it is online and relies on self-reporting of demographic information, variables go entirely unmonitored and results are not reliable. If someone is tired, sick, has had too much caffiene, etc., the results will be affected because the test relies in part on motor abilities. While it is an interesting psychological experiment, anyone who thinks of it as objective science is kidding himself.

    April 18, 2012 at 5:23 pm | Report abuse |
  50. mikeinmoline

    Where is the Rev. Al when we need him? It has to be about race it can't be about best qualified. The state of Iowa doesn't care if you know how to pick up a carcass.

    April 18, 2012 at 5:19 pm | Report abuse |
    • cc

      In many (most?) of the cases mentioned it's obvious that the most qualified person was not hired and, in some cases, not even offered an interview. The question is why? When the manager doesn't even know the race (as in the case where the person wasn't even interviewed) it's hard to blame racism. Favoritism, yes, that can be blamed-but racism?

      April 18, 2012 at 5:43 pm | Report abuse |
      • ladyfon

        It is because people will more than likely hire people they know, went to the same college, from the same hometown and so on and so on. Why does it have to be racism?

        April 18, 2012 at 6:28 pm | Report abuse |
  51. M ike

    Come on whistleblowers...do the right thing, and get paid for it. Iowa is one of the most racist states I have ever been too. If not worse than Mississippi, they are in the top 2. I'm not surprised at all that blacks doing twice the work of whites can't get promoted, in state or private jobs. Iowa is one big ol' boys club, that still allowwomen to be disrespected and discriminated against too. And black collegiate atheletes...you got 24 hours to get out of town, once your eligibility is up.

    April 18, 2012 at 5:16 pm | Report abuse |
    • Clark

      All states are racist. As a matter of fact, all countries, to some extent, are racist.

      April 18, 2012 at 5:39 pm | Report abuse |
      • YogerTheOgre

        So, I suppose that makes it all ok, huh? America should be setting the standard for others to follow, but instead other countries laugh at us because we are internally struggling with the ability to learn to live and work together. Actually, I served many years in our great nation's military and I have been to many other countries and they do not have anywhere near the racial strife we have in our country.

        April 18, 2012 at 7:48 pm | Report abuse |
    • SPLAT!~

      Iowa Racist?
      Iowa, first state to desegregate a public school, 91 years before Brown v. Board of education. http://www.iptv.org/video/browse.cfm/program/22261

      Iowa, first female attorney, Arabella Mansfield, http://www.infoplease.com/spot/womensfirsts1.html

      Iowa, Democrates nominate Barrack Obama as presidential candidate in 2008 and votes him into office in the same year.

      Current University of Iowa President, Sally Mason.

      April 18, 2012 at 7:55 pm | Report abuse |
  52. levi

    Beverly Couch: Is that her real name or where she spends most of her time!

    April 18, 2012 at 5:13 pm | Report abuse |
  53. youreanidiot

    I agree with mohawk867, You're an idiot!! Get a job!

    April 18, 2012 at 4:59 pm | Report abuse |
  54. youreanidiot

    FINALLY!!! The race card SHOT DOWN!! So SICK and tired the race card trying to be played for laziness & free money~Go get a job & stop throwing the card out EVERY single time to try to get a free paycheck!!

    April 18, 2012 at 4:57 pm | Report abuse |
    • Pineal

      You're sick and tired of hearing about it because you have never been on the receiving end.

      April 18, 2012 at 5:24 pm | Report abuse |
      • songdude

        I work with plenty of black people. I also know black people who are rich and sucsessful. Its how you apply yourself. It is NOT about RACE, its about education and willing to work. I also know plenty of white people who cant get a job as well. The race card has to end. stop blaming society on not getting what you want.

        April 18, 2012 at 5:46 pm | Report abuse |
      • Intruth23

        Dude, I doubt seriously if you know any black people. But there is no such thing as playing the race card if it really is RACISM! Paint your face brown for a month and see if you won't be playing the race card!!

        April 18, 2012 at 5:55 pm | Report abuse |
      • ladyfon

        intruth. yes racism exists. I myself was a victim of it. I being white dated a half black/half white man. My sister and her husband refused to let me be around their children while dating him because they didn't want interracial couples around them. But just because racism exists does not mean everytime someone claims it that it is true. And when people make it up it only hurts those that suffer from it going forward.

        April 18, 2012 at 6:47 pm | Report abuse |
    • nadinesh

      Amen, Pineal. And lady, you're going to keep hearing about it just as long as that damn elephant in America's room keeps getting in everyone's way. To put it politely, closing your eyes doesn't keep the train from hitting you.

      April 18, 2012 at 5:32 pm | Report abuse |
    • Clark

      Your use of "laziness" is indicative of what a racist would write.

      April 18, 2012 at 5:39 pm | Report abuse |
      • Tortfeasor

        ohhh because god forbid anyone be anything but ultra sensitive to racial and cultural differences. Racism isn't a plague on our society, people who run around shouting about it are.

        April 18, 2012 at 6:57 pm | Report abuse |
      • Plague

        Tortfeasor nailed it.

        April 18, 2012 at 7:38 pm | Report abuse |
  55. mohawk067

    your and idiot

    April 18, 2012 at 4:56 pm | Report abuse |
  56. ffact

    The facts are plain and simple...Blacks take more for society than they contribute. One out of every two Black men will spend time in prison. Ninety percent of Blacks will receive some type of government assistance during the course of their lives. If you take all the taxes that Blacks pay into the system and then subtract the cost to arrest, prosecute and house Black lawbreakers, then subtract the drain they cause on our social economic programs like food stamps, welfare, housing assistance and social security disability our country is deeply in the hole. There isn't a country in the world where Blacks pay their own way...They are a tremendous drain on the Worlds economies....PERIOD

    April 18, 2012 at 4:48 pm | Report abuse |
    • nadinesh

      You can't spell facts and you can't use 'em. Your "facts" are based on a centuries-long, systematic oppression of people of color - discrimination in employment, laws restricting their ability to vote, use public facilities, or get properly educated - and possibly most powerfully today, their isolation from the rest of American society as pariahs. And you know this perfectly well, but you're another one of these people who keeps closing his eyes and shaking his head and sticking his fingers in his ears while mumbling "no, no, no, no...."

      April 18, 2012 at 5:36 pm | Report abuse |
    • Intruth23

      Actually WHITES make up the largest numbers of people on welfare, using food stamps or getting government assistance. 70% of all pediphiles are white men. You seem to have forgotten to add that inconvient truth. It has also been proven that blacks are certainly more discrimminated against in the US judicial system than are whites. And your assesment that 90% of blacks are on some government assistance program is pure fantasy. Look go back to your hick redneck racist KKK sites. This post is for people with some kind of intelligence!

      April 18, 2012 at 6:03 pm | Report abuse |
  57. TiredODaCrap

    Does the test really "prove" an inherent racism issue, or that certain stereotypes may actually have a factual side? If the race of an applicant is not known, but racism is still prevalent, it would seem that somehow those taking the test would have been able to establish who was white and who was not, correct? Seems that would come from sterotypical names, jobs, words, etc, doesn't it?
    Don't necessarily agree with the idea of filing suit over this, but I think that the idea of testing for this, etc, isn't something to be just pushed aside.
    Oh, and shouldn't this be something coming from Georgia or Alabama? Aren't we the only states where racism runs amuck? You'd think so by reading the comments to most other stories on CNN.

    April 18, 2012 at 4:31 pm | Report abuse |
  58. J-Man

    Just another case of blacks wanting to be hired or promoted because they were black. Did you read this? It says they discriminated against blacks even though they didn't know their race. Does that even make sense? Lets say you send in your resume and don't get an interview. If you are white, you accept that. If you are black, you must have been discriminated against, even though nobody knew you were black.

    April 18, 2012 at 4:15 pm | Report abuse |
    • john smiith

      Yep. And if you are fired, same thing

      April 18, 2012 at 4:28 pm | Report abuse |
    • John

      "The plaintiffs had an expert who testified that even if the agencies didn't know the race of the applicants, that somehow in a subconscious way they did know and discriminated against African-Americans," Miller said in a press release. "

      This is a thought crime. All reasonable people should be disturbed that this is even being brought into our courts.

      April 18, 2012 at 4:50 pm | Report abuse |
      • Kreslev

        This case is double plus good. I can't wait to visit "The Ministry of Love."

        April 18, 2012 at 7:08 pm | Report abuse |
    • Mark

      You are exactly right J-Man another case where blacks complain about racism just because they didn't get a promotion. Blacks think they deserve everything just cause they are black. I am getting sick of it. They believe if something doesn't go in their favor it is cause it is some how because they are black. Totally ridiculous.

      April 18, 2012 at 4:51 pm | Report abuse |
    • Intruth23

      J-man if you see someones resume and it says Malcom Johnson, or Tyrone Good or Tyric Miller, or Malica White please don't tell me you won't make the assumption that they are Black! If you see someone's resume that says Austin Powers, of Richard Blake, or Kye Justice or Laura Gore, you won't assume they are White. How do I know, I hire people all the time and can make that distinction. When I interview them by or in person I'm 90% right. If I were of the persuasion like you that blacks are no good or lazy or don't deserve a job, I would not hire them. Or would not promote them. That is a fact my friend.

      April 18, 2012 at 6:13 pm | Report abuse |
      • SabSabSab

        Just like peopel sueing the New York Fire Department for a "racially biased" test to get into the department. Everyone now doesn't want to earn anything and is looking for excuses. How can a test be racially biased? Are there some firefighter questions a white person somehow knows? Things are going to far now. I mean people can be sued for being subconciouslly racist now.

        April 18, 2012 at 6:29 pm | Report abuse |
      • porra

        Then perhaps the blame should be placed on the parents for choosing such professional names as D'Andre Prince Ca$h Stevenson or Platinum Grillz Murphy...

        April 18, 2012 at 6:43 pm | Report abuse |