John McWorter quotes Zora Neale Hurston and W.E.B. Du Bois — "I sit with Shakespeare and he winces not" — to side with the plaintiffs in Ricci v. DeStefano:
[T]he International Association of Professional Black Firefighters tells us, "Cognitive examinations have an adverse effect upon blacks and other minorities." Du Bois crowed, "Fifty years ago the ability of Negro students in any appreciable numbers to master a modern college course would have been difficult to prove," and proudly documents 2,500 black college graduates. Imagine Du Bois listening to a rep from the black firefighters' association now sneering that the promotion test merely measures "the ability to read and retain"--i.e. engage in higher-level thinking processes! O tempora, o mores.
This will not do: People like Du Bois did not dedicate their lives to paving the way for black people to be exempt from tests. Sure, the tests may not correlate perfectly with firefighters' duties. But which falls more into the spirit of black uplift that you could explain to a foreigner in less than three minutes: teaching black candidates how to show what they are made of despite obstacles, or banning a test of mental agility as inappropriate to impose on black candidates?