The Social Network & Community JUST for Firefighters
Supreme Court Rules Black Firefighter Lawsuit Can Proceed
JESSE J. HOLLAND
Associated Press Writer
WASHINGTON - The Supreme Court ruled Monday that a group of African Americans did not wait too long to sue Chicago over a hiring test they challenged as discriminatory, freeing them to further press their case.
It is the second time in as many years that the high court has tackled discrimination in testing within the firefighting ranks. In a landmark case last year, the Supreme Court in a 5-4 decision said New Haven, Conn., violated white firefighters' civil rights, throwing out an exam in which no African-Americans scored high enough to be promoted to lieutenant or captain.
In Monday's opinion, Justice Antonin Scalia wrote for the court that the applicants' lawsuit over a city of Chicago test used to weed out potential firefighter trainee applicants was not too late.
Anyone who scored 64 or below was deemed not qualified. But the city set a second cutoff score of 89 points.
Officials told applicants who scored below 89 but above 64 that although they passed the test, they likely would not be hired because of the large number of people who scored 89 or above. The majority of those in the top-scoring group were white; only 11 percent were black.
People are supposed to sue within 300 days after an employment action they seek to challenge as unlawful.
The city says the clock started when it announced the use of the test scores on Jan. 26, 1996. The first lawsuit in the case was filed on March 31, 1997, 430 days after the city announced the results.
But the plaintiffs say a new act of discrimination also happened each time the scores were used in hiring firefighter trainees between May 1996 and October 2001.
A U.S. District judge agreed with the black applicants, but the 7th U.S. Circuit Court of Appeals overturned that decision.
In Monday's high court ruling, Scalia said: "It may be true that the City's January 1996 decision to adopt the cutoff score (and to create a list of the applicants above it) gave rise to a freestanding disparate impact claim. ... But it does not follow that no new violation occurred _ and no new claims could arise _ when the City implemented that decision down the road. If petitioners could prove that the City 'used' the 'practice' that 'causes a disparate impact,' they could prevail."
Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Associated Press Writer
WASHINGTON - The Supreme Court ruled Monday that a group of African Americans did not wait too long to sue Chicago over a hiring test they challenged as discriminatory, freeing them to further press their case.
It is the second time in as many years that the high court has tackled discrimination in testing within the firefighting ranks. In a landmark case last year, the Supreme Court in a 5-4 decision said New Haven, Conn., violated white firefighters' civil rights, throwing out an exam in which no African-Americans scored high enough to be promoted to lieutenant or captain.
In Monday's opinion, Justice Antonin Scalia wrote for the court that the applicants' lawsuit over a city of Chicago test used to weed out potential firefighter trainee applicants was not too late.
Anyone who scored 64 or below was deemed not qualified. But the city set a second cutoff score of 89 points.
Officials told applicants who scored below 89 but above 64 that although they passed the test, they likely would not be hired because of the large number of people who scored 89 or above. The majority of those in the top-scoring group were white; only 11 percent were black.
People are supposed to sue within 300 days after an employment action they seek to challenge as unlawful.
The city says the clock started when it announced the use of the test scores on Jan. 26, 1996. The first lawsuit in the case was filed on March 31, 1997, 430 days after the city announced the results.
But the plaintiffs say a new act of discrimination also happened each time the scores were used in hiring firefighter trainees between May 1996 and October 2001.
A U.S. District judge agreed with the black applicants, but the 7th U.S. Circuit Court of Appeals overturned that decision.
In Monday's high court ruling, Scalia said: "It may be true that the City's January 1996 decision to adopt the cutoff score (and to create a list of the applicants above it) gave rise to a freestanding disparate impact claim. ... But it does not follow that no new violation occurred _ and no new claims could arise _ when the City implemented that decision down the road. If petitioners could prove that the City 'used' the 'practice' that 'causes a disparate impact,' they could prevail."
Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Replies to This Discussion
-
Permalink Reply by Ben Waller on
-
That's why a complete Assessment Center is a better method than just a written test for promotion. A simplified version can work fine for initial hire list testing.
A complete Assessment center normally consists of something like the following:
A written test, weighted no more than 25% of the total score.
A three-station or four-station assessment center, the average score of which is weighter no more than 25% or 30% of the total. This should include a tactical firefighting simulation (computer-based softwarer like Fire Studio works fine), and two or three other scenarios such as an employee problem scenario, an in-box exercise, a customer service/citizen complaint scenario, or even a research project like a Thermal Imaging Camera recommendation.
An oral interview, weighted at no more than 15% to 20% of the total score.
An evaluation of the employee's last "X" number of years performance reviews, weighted at 15% to 25% of the total, depending upon how the department does performance reviews - if at all. (If you don't do them, start doing them.)
A short written assignment can be included. We do one that includes the candidates review of his Experience, Education/Certifications, Special Projects, and an evaluation of the overall Written Project paper. This usually is no more than 10% of the total.
We publish the weighting system for the test with the test announcement, so there are no surprises for the candidates. We do not reveal the Assessment Center scenarios until the candidates arrive for each scenario, and we use assessors from outside the department to evalute and score the scenaios.
No system is perfect, but if you depend solely on a written test for either entry-level hires or promotion, you may be joining New Haven at the Supreme Court.
-
-
Tommy, I agree.
The way to do it is to have a single cut line and to enforce it.
-
Permalink Reply by Matt Tipper on
-
Thats right Ben. It seems like it was a bit of a throw away line that was made. I have no knowledge of this system apart from this article, is the test the only method of selection or are there other factors. Our service for example conducts a theory assessment, if you pass that a physical assessment and if you pass that an interview. Applicants are required to pass each stage and when they cant be seperated at the end we can go back and see who performed better at each stage, hence, those that scored 89 will outscore those that score 64. It is after all a massive difference
Its like having a bloke that can run 100m in 10 seconds, but picking the guy that does it in 16 to go to the olympics!!!!
- ‹ Previous
- 1
- 2
- 3
- Next ›
© 2024 Created by Firefighter Nation WebChief.
Powered by
