Seven black city firefighters passed over for promotion because they did not score high enough on a written exam will rise to captains’ ranks and get cash payments if the
Lawyers for the city have negotiated a settlement that offers
Garrett, Ward and Runnell have retired since the lawsuit was filed.
The seven passed exams for captain or senior captain in 2006, but many white firefighters scored higher. Because promotions were awarded to candidates with the highest scores, the seven did not make the cut.
They sued in 2008, arguing the city discriminated against them by using a racially biased test. The lawsuit states that the promotional exams “”have an adverse impact upon African-Americans.””
Whites who passed the exam were promoted at more than twice the rate of blacks who passed, according to the suit. It also claims that studies and research in organizational psychology demonstrate that written job knowledge exams have little value in predicting who will perform better in the positions at stake.
‘Changes needed’
The settlement is not an acknowledgment of any wrongdoing, City Attorney
“”There clearly were concerns with respect to the exam and the impact of the exam,”” he said. “”As we looked at it, and as the court looked at it, we recognized that changes needed to be made to the exam so that it could properly validated for (equal opportunity) purposes.””
Feldman said the
The plan headed to council does not settle how to test going forward. Wednesday’s settlement would only dispose of the claims of the seven firefighters. Changes to the promotional system should be negotiated with the representatives of the entire firefighting corps, not just seven of them, said
“”Our issue is that the seven plaintiffs have dictated to the city changes to the promotional system irrespective of our collective bargaining agreement,”” Caynon said.
The test is the primary factor in determining who gets promoted within the department. At the time the suit was filed, an education anthropologist at the
Two years ago, the
Lawyer
Previous lawsuits
Thompson credited the city with looking at his clients’ grievance as a problem to be solved rather than a case to be won.
“”The process that comes out of this is much better for everybody, not just blacks,”” Thompson said. Better testing will result in a more diverse firefighter corps with more capable people earning promotions.
The city has been sued several times by litigants alleging discriminatory hiring and promotion practices.
In 2008, the