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Portsmouth Settles Firefighter Discrimination Complaint

More news stories on Anti-Discrimination Law

WVEC-TV (Hampton Roads, Virginia), March 25, 2009

The City of Portsmouth will stop giving a written examination to entry-level firefighters because it’s discriminatory, according to an agreement awaiting approval by a federal judge.

Additionally, Portsmouth must hire up to 10 eligible and qualified African-Americans who were part of the federal lawsuit.

The Department of Justice and the city entered a consent decree in U.S. District Court in Norfolk Wednesday.

According to the initial complaint in May 2007, about 42 percent of African-American applicants passed the written test while 85% of whites passed.

{snip}

The complaint alleged that Portsmouth couldn’t demonstrate that the written examination was job related or necessary for the position of firefighter.

Under the agreement, Portsmouth will implement new selection procedures, deposit $145,000 into a settlement fund for awards of back pay to affected African-Americans and give those affected a priority offer of employment with retroactive seniority for all purposes except for time-in-grade required for promotion.

[Editor’s Note: The final complaint and the final consent decree can both be read or downloaded as PDF files at the original article.]

Original article

(Posted on March 26, 2009)

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Comments

1 — Anonymous wrote at 6:47 PM on March 26:

EXACTLY WHY is a written examination “discriminatory”?

2 — Anonymous wrote at 9:39 PM on March 26:

The family of the first person to die at a scene the Portsmouth FD responds to should sue. Not sue the fire department, mind you but the NAACP and any other “civil rights” group that helped championed these changes. It’s high time we make NAACP et al. responsible for the “uninteneded consequences”.

3 — q wrote at 10:11 PM on March 26:

“City will hire more blacks and fork over cash to past victims.”

Good. That means they’ll probably go bankrupt about this time next year, if not by the end of this year.

Anybody that stupid doesn’t need to have a workable city. I’d love to see the look on their faces when they find out there’s no more money for disbursements, and they’re either going to have to have volunteers or nothing at all.

4 — sbuffalonative wrote at 11:38 PM on March 26:


A written test can only be discriminatory against people who can’t read and write.

These people can’t seem to follow through with the logical conclusions of their arguments.

“The complaint alleged that Portsmouth couldn’t demonstrate that the written examination was job related or necessary for the position of firefighter.”

Am I to believe that none of the questions related in any way to issues of fire fighting? Was the test composed of random questions of unrelated trivia? Did the questions not ask for information on what was taught in lectures or read in text books?

It makes me wonder what kind of representation the city used. ANY moderately qualified lawyer can find a justification for anything. What kind of lawyers did the city employ? The lawyers were either imbeciles, incompetent, or the fix was in.

5 — Say it wrote at 10:40 AM on March 27:

This is just affirmative action insanity with pigmentation awards which will make for a less capable fire department. The intelligence and knowledge reflected in being able to pass such tests is part of the competence of firefighters. They sometimes have to be able to think correctly and fast, which could be a matter of life or death. Portsmouth should not have caved in.

Here are some articles concerning the importance of similar employment testing by a leading authority Prof. Linda Gottfredson:

http://www.ipacweb.org/files/nassau/


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