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PHILLY C.A.F.F.A. Update
Fire lieutenants claim racial discrimination in lawsuit
By Tom Waring
Times Staff Writer
The Concerned American Fire Fighters Association’s Philadelphia chapter has been successful in pressuring the city to adhere to a hiring consent decree. Now, CAFFA is demanding that the city change its policy when it comes to promotions. In both cases, CAFFA maintains that the city has been favoring the hiring and promotion of blacks over whites.
Back in January 1974, Club Valiants, an organization of black Philadelphia firefighters, filed a class-action complaint against city officials in power at the time — Mayor Frank L. Rizzo, Fire Commissioner Joe Rizzo, Managing Director Hillel Levinson and others, alleging discrimination against minorities in hiring and promotions. In hiring and promotions, firefighters are selected from eligibility lists based on their scores on multiple-choice tests. In the 1970s, then-City Solicitor Sheldon Albert argued that it would be unfair to impose a quota by ignoring the test rankings. U.S. District Judge Louis C. Bechtle disagreed and ultimately ruled that at least 12 percent of fire department classes consist of black recruits. CAFFA — whose membership consists largely, but not exclusively, of white firefighters — has hiring documentation dating to 1997 that shows the fire department regularly exceeded the federal court decree. The department did so, CAFFA said, by simply skipping over higher-scoring whites to hire blacks.
Due perhaps to pressure by CAFFA, the department has generally abided by the decree since the class that started on Jan. 3, 2005. Having basically won that battle, CAFFA is now supporting a recently filed lawsuit against the city by five white fire lieutenants who allege discrimination when they sought a promotion to captain. The plaintiffs are Francis J. Hannan, of Torresdale; Joseph Lee Jr., of Rhawnhurst; Gerard Kots, of Lexington Park; Michael Wellock, of Roxborough; and Thomas G. Leonard, of the Far Northeast.
The plaintiffs took and passed a written promotional test in July 2005. They were invited to take the second portion of the test, an oral examination, in November of that year. The overall score is made up of 45 percent of both the written and oral exams and 10 percent seniority. None of the plaintiffs were promoted to captain, and they argue that the oral test was improperly and unfairly administered. Their attorney, Art Bugay, had no comment and discouraged his clients from commenting.
Fire Commissioner Lloyd Ayers, a former president of the Valiants, declined to comment. Mike Bresnan — a Torresdale resident, president of the local CAFFA chapter and treasurer of firefighters Local 22 — backs the lawsuit. "It’s real subjective," he said of the oral exam, "and basically gives minorities higher scores." The five lieutenants filed complaints with the Equal Employment Opportunity Commission and the Pennsylvania Human Relations Commission, alleging involvement in the manipulation of the outcomes of the promotional test by Club Valiants and the International Association of Black Professional Firefighters. The EEOC gave the plaintiffs the right to sue.
The lawsuit alleges that the city requested a preference for out-of-town minority firefighters to rate the candidates in the oral exam. In the test in question, the suit claims that 10 of the 14 raters were black. In addition, the suit contends that one or more of the raters was instructed by a fire administrator that the department was "in dire" need of minority and female officers. At the end of the oral exam, nine of the 11 black candidates placed in the top 24 and were promoted to captain.
The lawsuit plainly states that the raters gave higher scores to blacks than whites to improve their chances of promotion. "It is believed and averred that African-American candidates for the oral portion of the Fire Captain’s Test received higher marks or grades and were upgraded on account of their race," the lawsuit says. Unsuccessful promotion candidates can appeal, but the interviews are not videotaped. They are audio recorded and, according to the suit, the quality is often poor.
CAFFA hopes that Mayor-elect Michael Nutter replaces Ayers as commissioner with someone it believes will change the policy of oral promotional tests. A Nutter spokeswoman did not respond to a request about the commissioner’s future. Bresnan said the Local 22 elections in May proved that the CAFFA view is popular within the department. All three CAFFA candidates were elected, while three members of the Valiants all placed last. Bresnan said the fire department needs a morale boost, explaining that the hiring and promotional practices have angered white firefighters. "It’s creating a lot of hostility in the department," he said. The courts have not permitted any kind of quotas or set-asides in promotions, but Bresnan believes the oral exams are unfairly increasing the number of blacks in high-ranking positions so city and fire department officials can guarantee a more diverse work force. "They’ll do anything to accomplish that, and this is their alternative," he said of the oral exam.
Bresnan and his group believe the city is determined to increase the number of rank-and-file minorities and those in supervisory positions in the fire department to at least 50 percent. "CAFFA is not against the fire department being half black," he said. "We’re against lowering standards." ••
By Tom Waring
Times Staff Writer
The Concerned American Fire Fighters Association’s Philadelphia chapter has been successful in pressuring the city to adhere to a hiring consent decree. Now, CAFFA is demanding that the city change its policy when it comes to promotions. In both cases, CAFFA maintains that the city has been favoring the hiring and promotion of blacks over whites.
Back in January 1974, Club Valiants, an organization of black Philadelphia firefighters, filed a class-action complaint against city officials in power at the time — Mayor Frank L. Rizzo, Fire Commissioner Joe Rizzo, Managing Director Hillel Levinson and others, alleging discrimination against minorities in hiring and promotions. In hiring and promotions, firefighters are selected from eligibility lists based on their scores on multiple-choice tests. In the 1970s, then-City Solicitor Sheldon Albert argued that it would be unfair to impose a quota by ignoring the test rankings. U.S. District Judge Louis C. Bechtle disagreed and ultimately ruled that at least 12 percent of fire department classes consist of black recruits. CAFFA — whose membership consists largely, but not exclusively, of white firefighters — has hiring documentation dating to 1997 that shows the fire department regularly exceeded the federal court decree. The department did so, CAFFA said, by simply skipping over higher-scoring whites to hire blacks.
Due perhaps to pressure by CAFFA, the department has generally abided by the decree since the class that started on Jan. 3, 2005. Having basically won that battle, CAFFA is now supporting a recently filed lawsuit against the city by five white fire lieutenants who allege discrimination when they sought a promotion to captain. The plaintiffs are Francis J. Hannan, of Torresdale; Joseph Lee Jr., of Rhawnhurst; Gerard Kots, of Lexington Park; Michael Wellock, of Roxborough; and Thomas G. Leonard, of the Far Northeast.
The plaintiffs took and passed a written promotional test in July 2005. They were invited to take the second portion of the test, an oral examination, in November of that year. The overall score is made up of 45 percent of both the written and oral exams and 10 percent seniority. None of the plaintiffs were promoted to captain, and they argue that the oral test was improperly and unfairly administered. Their attorney, Art Bugay, had no comment and discouraged his clients from commenting.
Fire Commissioner Lloyd Ayers, a former president of the Valiants, declined to comment. Mike Bresnan — a Torresdale resident, president of the local CAFFA chapter and treasurer of firefighters Local 22 — backs the lawsuit. "It’s real subjective," he said of the oral exam, "and basically gives minorities higher scores." The five lieutenants filed complaints with the Equal Employment Opportunity Commission and the Pennsylvania Human Relations Commission, alleging involvement in the manipulation of the outcomes of the promotional test by Club Valiants and the International Association of Black Professional Firefighters. The EEOC gave the plaintiffs the right to sue.
The lawsuit alleges that the city requested a preference for out-of-town minority firefighters to rate the candidates in the oral exam. In the test in question, the suit claims that 10 of the 14 raters were black. In addition, the suit contends that one or more of the raters was instructed by a fire administrator that the department was "in dire" need of minority and female officers. At the end of the oral exam, nine of the 11 black candidates placed in the top 24 and were promoted to captain.
The lawsuit plainly states that the raters gave higher scores to blacks than whites to improve their chances of promotion. "It is believed and averred that African-American candidates for the oral portion of the Fire Captain’s Test received higher marks or grades and were upgraded on account of their race," the lawsuit says. Unsuccessful promotion candidates can appeal, but the interviews are not videotaped. They are audio recorded and, according to the suit, the quality is often poor.
CAFFA hopes that Mayor-elect Michael Nutter replaces Ayers as commissioner with someone it believes will change the policy of oral promotional tests. A Nutter spokeswoman did not respond to a request about the commissioner’s future. Bresnan said the Local 22 elections in May proved that the CAFFA view is popular within the department. All three CAFFA candidates were elected, while three members of the Valiants all placed last. Bresnan said the fire department needs a morale boost, explaining that the hiring and promotional practices have angered white firefighters. "It’s creating a lot of hostility in the department," he said. The courts have not permitted any kind of quotas or set-asides in promotions, but Bresnan believes the oral exams are unfairly increasing the number of blacks in high-ranking positions so city and fire department officials can guarantee a more diverse work force. "They’ll do anything to accomplish that, and this is their alternative," he said of the oral exam.
Bresnan and his group believe the city is determined to increase the number of rank-and-file minorities and those in supervisory positions in the fire department to at least 50 percent. "CAFFA is not against the fire department being half black," he said. "We’re against lowering standards." ••
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