The following article appeared in The Oregonian on March 28, 2018:
“A man who describes himself as a “light-skinned Hispanic male” has filed a lawsuit against the city of Portland, claiming Parks and Recreation denied him job opportunities because his skin isn’t dark enough.
Frank Higuera says in the suit that he worked as a seasonal parks ranger for several years before the city eliminated his job during budget cuts. The suit claims he wasn’t rehired for several other parks jobs despite meeting the qualifications “because his skin color was too light.” Higuera claims “applicants of darker skin color were selected . . . because of the color of their skin and not because of their qualification.”
Parks managers told him they wanted to hire him but learned they couldn’t because he was the “wrong color,” according to the lawsuit, filed last Friday. A parks and Recreation manager also told him that he would need to get a suntan to land a full-time city job, the suit says.
Higuera filed a complaint with the city human resources office and was told it would be investigated, but he never heard back, he says in the lawsuit.
Human resources officials declined to confirm that Higuera worked for the city and his filing of a discrimination complaint. A spokesman for Amanda Fritz, the city commissioner in charge of Parks and Recreation, said Fritz doesn’t comment on personnel matters or pending lawsuits. Higuera plans to ask a jury to award him $530,000 for lost wages and emotional distress.
Sophisticated bureaucrats have discovered the Fitzpatrick Scale, described by Wikipedia, as follows:
Fitzpatrick scale:
The following list shows the six categories of the Fitzpatrick scale in relation to the 36 categories of the older von Luschan scale:[87][88]
| Type | Also called | Sunburning | Tanning behavior | Von Luschan’s chromatic scale |
| I | Light, pale white | Always | Never | 0–6 |
| II | White, fair | Usually | Minimally | 7–13 |
| III | Medium, white to light brown | Sometimes | Uniformly | 14–20 |
| IV | Olive, moderate brown | Rarely | Easily | 21–27 |
| V | Brown, dark brown | Very rarely | Very easily | 28–34 |
| VI | Very dark brown to black | Never | Never | 35–36 |
As might be expected, a little knowledge can be a dangerous thing. Frank Higuera deserved better notice of the conditions of service when applying to Parks and Recreation. Conseratismbittersweet recommends that Portland job applicants be issued a color wheel at the time of time their applications are submitted. As an efficiency move, doing so reduces the cities paperwork and prevents both sides from wasting their time. The color wheel should come with instructions. For example:
“Place your color wheel against the back of your forearm and match your skin tone to that of the appropriate Fitzpatrick color. Your skin tone must match the designated Fitzpatrick tone as shown in the upper righthand corner of the application. If your skin tone does not match, you are not eligible for the job for which you are applying.” The color wheel should, of course, be reusable and recyclable, as any city proffered materials must be.
Of course, the root of these procedural requirements is the desire for City of Portland equity, and it is obvious that an efficiently operating government is a fair government. Although Mr. Higuera was applying for outdoor employment, similar operational efficiencies are achievable for office work. Conservatismbittersweet recommends that office cubicles be arranged from light to dark in order to facilitate manager confirmation of the accurate Fitzpatrick scale number.
Under the circumstances, it is recommended that the city take care of its employees responsibly and supply an appropriate quantity of sunscreen to prevent workers from putting themselves out of work unnecessarily. Clearly the compassionate city must support the people.
Had Mr Higuera been aware of the true requirements of the job, he would have saved the city money in his application and heartache for himself.
And here is one more suggestion. Every employment office window should have the following sign as appropriate to the job:
Applicants for Fitzpatrick skin tone number I-V need not apply.