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Judge Blocks Latest FDNY Hiring; Test is Discriminatory
NEW YORK - The mostly white Fire Department of New York is temporarily barred from hiring more than 300 rookie firefighters because it used an entry exam that discriminates against blacks and Hispanics, a judge ruled Wednesday.
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In a written decision in federal court in Brooklyn, U.S. District Judge Nicholas Garaufis said the city had not come up with a good explanation for wanting to hire a new class of firefighters based on an "invalid" test.
"Before the court can permit the city to use (the current exam) in any manner, the city must explain what has changed and why the need to appoint a few hundred rookie firefighters outweighs the need to avoid racial discrimination in municipal hiring," the judge wrote.
The judge's order prohibits any new hiring until Oct. 1. The judge said he would soon schedule a hearing to consider "remedial measures" to meet the city's needs.
A city lawyer, Georgia Pestana, warned in a statement Wednesday that the city will be forced to pay $2 million per month in overtime to make up for understaffing at the 11,000-member fire department.
"We are extremely disappointed in today's decision and are evaluating all legal options," Pestana said.
The ruling follows earlier setbacks for the city in the lengthy legal dispute with the federal government over discrimination claims. The judge previously found the FDNY had deliberately discriminated against minorities and ordered it to revamp its hiring practices.
The U.S. Department of Justice sued the city in 2007, alleging the fire department was using exams that were littered with SAT-like questions that failed to fairly measure an applicant's ability to fight fires. The lawsuit was prompted by what critics describe as the department's woeful record on minority recruitment when compared with other big city departments.
Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Related
- FDNY Tests Discriminate Against Minorities
- Federal Judge: FDNY Hiring Discriminates
- FDNY Ordered to Develop New Entry-Level Firefighter Test
In a written decision in federal court in Brooklyn, U.S. District Judge Nicholas Garaufis said the city had not come up with a good explanation for wanting to hire a new class of firefighters based on an "invalid" test.
"Before the court can permit the city to use (the current exam) in any manner, the city must explain what has changed and why the need to appoint a few hundred rookie firefighters outweighs the need to avoid racial discrimination in municipal hiring," the judge wrote.
The judge's order prohibits any new hiring until Oct. 1. The judge said he would soon schedule a hearing to consider "remedial measures" to meet the city's needs.
A city lawyer, Georgia Pestana, warned in a statement Wednesday that the city will be forced to pay $2 million per month in overtime to make up for understaffing at the 11,000-member fire department.
"We are extremely disappointed in today's decision and are evaluating all legal options," Pestana said.
The ruling follows earlier setbacks for the city in the lengthy legal dispute with the federal government over discrimination claims. The judge previously found the FDNY had deliberately discriminated against minorities and ordered it to revamp its hiring practices.
The U.S. Department of Justice sued the city in 2007, alleging the fire department was using exams that were littered with SAT-like questions that failed to fairly measure an applicant's ability to fight fires. The lawsuit was prompted by what critics describe as the department's woeful record on minority recruitment when compared with other big city departments.
Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Replies to This Discussion
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Permalink Reply by WestPhilly on
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The nerve of FDNY using tests with "SAT-like" questions! I mean, what are they trying to achieve there in New York, an educated work force capable of handling the ever-increasing and complex demands placed on a first-rate, all-hazards, 21st century fire department? Damn racists!
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Permalink Reply by Tom on
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I had no idea that black people and hispanic people were unable to answer "SAT like" questions. Weird
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Permalink Reply by FETC on
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Earth to the US Justice department: The FDNY doesn't hire firefighters they hire joe off the street and then train them to become a firefighter.
And the world wonders why the fire service has issues with personal / professional / criminal responsibility when you continue to lower the hiring standards.
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Permalink Reply by Avery Dale on
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I don't understand how it is discriminitory? If you went to high school, you had to take the SAT's. If you didn't go to high school chances are your not going to be hired anyway without some type of diploma. I agree that the entry exams should be geared more towards the fire service but they also have to show that you have a little bit of an education. I have took fire entry exams several times, some I passed & some I failed. If I failed, better luck next time. Maybe next time I fail a test I should holler discrimination just to see how far it gets me.
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Permalink Reply by Jack/dt on
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I've said it before: It has nothing to do with discrimination, it's a glaring example of the failure of the educational system. SAT-like questions are designed to challenge reading and comprehension skills as well as critical thinking skills. If a person lacks those skills then at what level are they going to function on the fireground?
As the fire service gets more and more technical there are those that still believe that firefighting is nothing more than brute force and physical endurance. Yet when they need the fire department they are expected to be capable of all manner of ability and skill. Things you can't gain if you can't read, think, process and articulate. But then, I'm not functionally illiterate so who am I to say.
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If you can't follow simple directions, if you can't read and write with moderate comprehension.... you have no right to claim discrimination for being unable to be hired as a career firefighter - (regardless of your race) Now if it is a documented learning disability, then yes additional assistance should be given to the candidate.
But let's be honest here, we are talking about politicians who are seeking percentages for different ethnic backgrounds per capita, "candidates" who probably didn't complete school, or retained any of the basic minimum material.
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Permalink Reply by Roy Luther on
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I thought I've heard it all!!!!! When I was in High School; I had trouble with Reading Comprehension and Tests. The Teacher didn't say,"OK since you don't do so well with 'SAT' tests I am going to throw it out because it is not fair to you"
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Permalink Reply by Perry Bryant on
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Education is good
Not being educated leads to poor decision making
Being a firefighter and having poor decision making skills means people die
people dying is not a good thing
At what point did being racially diverse overcome having a qualified, well trained, educated, disciplined work force?
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Permalink Reply by John Crabbe on
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Makes you wonder doesn't it?
How would some of these judges fair in taking such a test?
Personally, I felt the FDNY exam was the easiest written test I ever taken, so for someone to claim it to be biased or discrimitory is beyond me.
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Permalink Reply by Doug on
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I bet you this same judge would order us to stop lecturing the juniors and cadets about the importance of proper spelling and grammar. Reasoning; Age discrimination.
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Permalink Reply by Wayne Peterson on
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I just can't belive this, I know lots of Blacks, hispanic, etc. that are smarter than me, should I cry discrimation.....NO I should study harder and get smarter. I don't think any testing knows who is answering except United Stated Cenues. There you have it, people are people and there are bright people and not so bright people, take a test and find out were you stand. Its just that simple.
Now if the test asked race, thats a different question. I think we all agree.
Be safe
Wayne
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