Employer Must Explain Why It Uses Rule Of Three

The New Jersey Civil Service Act allows an employer to use a Rule of Three to bypass a candidate who ranked higher on a competitive examination. When an employer does so, it must report to the State’s Department of Personnel (DOP) why it did so. The purpose for the report is to assure that the appointing power was not exercised arbitrarily and to provide a basis for review. In…

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Supreme Court Overturns New Haven’s Scrapping Of Firefighter Promotional Test

On the last day of its 2008-2009 term, the Supreme Court issued a long-awaited decision in a contentious lawsuit involving a promotional examination in the New Haven, Connecticut Fire Department. While the Court did not go as far as some believed – Justice Antonin Scalia, writing a concurring opinion, lamented that the Court had only postponed the “evil day” when it would be forced to consider the overall legality…

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