Jun 5, 2015

NYC Pays $100 Million in Firefighter Bias Suit




Awareness of the lack of diversity in police departments across the nation has captured the public’s attention. For example, although African Americans are 67% of the population in Ferguson, MO, only 6% of the police force is African American. In Cleveland, OH, Blacks are 53% of the population yet only 25% of the police force. In New York City, Blacks are 26% of the population and 18% of the police force.

Lack of diversity in Fire Departments in large urban cities is common. Statistics show under representation of minorities in New York City, Boston, Chicago, Los Angeles, and Baltimore.  In 2007, African Americans made up only 3% of New York’s Fire Department. The Vulcan Society has been fighting for almost 75 years to open the doors of the New York City Fire Department to black firefighters. The federal government sued the city (United States of America and Vulcan Society Inc. vs. City of New York) over fire department entrance exams they said discriminated against black and Latino applicants. A group of black firefighters alleged the city had intentionally discriminated against them, violating Title VII, the U.S. Constitution and state law.

The law suit stated: "According to the most recent census data, black residents make up 25.6% of New York City's population; when this case was filed in 2007, black firefighters accounted for only 3.4% of the Department's force. In other words, in a city of over eight million people, and out of a force with 8,998 firefighters, there were only 303 black firefighters.

"This pattern of under representation has remained essentially unchanged since at least the 1960s. While the city's other uniformed services have made rapid progress integrating black members into their ranks, the Fire Department has stagnated and at times retrogressed."

The lack of minorities in U.S. fire departments has been the focus of many lawsuits. The last available national figures, from the 2000 census, show 8.4% of the nation's firefighting forces to be black and 8.6% to be Latino. Blacks are 12.2% of the population; Latinos are roughly 16%. However, other big cities have made much faster progress at diversifying their ranks. More than half of the Philadelphia and Los Angeles fire departments members are black or Latino.

U.S. District Judge Nicholas G. Garufis ordered New York City to pay $128 million in to firefighters who allege the city used an entrance exam that deliberately sought to keep African-Americans and Latino Americans off the force. The judge also ordered the FDNY to hire 293 black and Latino applicants.

Lawyers for the firefighters who sued said the decision would mean payments to black and Latino applicants to the New York Fire Department who were never hired or hired late from the 1999 and 2002 eligibility lists that resulted from exams given those years. Paul Washington, past president of the Vulcan Society, said: “This is a great victory for those who have been excluded from serving our city because of their race. We hope the FDNY moves quickly to welcome the 293 Black and Latino applicants who are entitled to be hired, and we look forward to serving with them."
 
For a detailed chronicle of the century fight for diversity in FDNY read "Fire Fight" by Ginger Adams Otis.

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