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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 05:29 PM
Original message
Court: Chicago must hire 111 black firefighters
Court: Chicago must hire 111 black firefighters


CHICAGO – A federal appeals court ruled on Friday that the Chicago Fire Department must hire 111 African Americans who passed a firefighters entrance exam 16 years ago and pay millions of dollars to thousands more who took and passed the same test.

The Seventh U.S. Circuit Court of Appeals ruling was the latest blow to the city, which has been on the losing end of court decisions regarding the 1995 test for years, including a 2005 ruling by a federal judge who said the test discriminated against black applicants and a U.S. Supreme Court ruling last year that the candidates did not wait too long to sue the city.

An attorney for the black firefighter candidates said that the 111 jobs would be filled from the applicants who passed the 1995 test and their pensions would be adjusted as if they'd been firefighters since 1995. And, said Joshua Karsh, 6,000 others who also passed the test will divide "tens of millions of dollars" that would have been paid 111 firefighters from 1995 until today.

A spokeswoman for the city's law department called the decision a "partial victory" for the city because it reduced the number of African Americans the fire department must hire from 132 to 111. "Reducing the number of plaintiffs who are eligible reduces the damages," said Jenny Hoyle.


http://news.yahoo.com/s/ap/us_chicago_firefighters_lawsuit


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dkf Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 05:37 PM
Response to Original message
1. What happens if they haven't kept themselves in shape enough to do the job?
1995 is a long time ago.
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Commie Pinko Dirtbag Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 05:48 PM
Response to Reply #1
4. What do you think SHOULD happen? -nt
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dkf Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 05:50 PM
Response to Reply #4
5. Maybe pay them a settlement but that isn't a job I would want to give just anyone.
I wouldn't want to give it to me for example. I have a hard time lifting a 6 year old.
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former9thward Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 06:06 PM
Response to Reply #1
7. They will have to go to the fire academy like any new hire.
If they are physically unable to do the job in theory they will be busted out like anyone who fails the academy. In their case however even if they did not pass the academy they would get a 16 year pension without ever working a day. In practice, because of the settlement, fire academy instructors are going to be very reluctant to toss them out no matter their condition.
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dkf Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 06:22 PM
Response to Reply #7
8. I would think the opposite...they would be more sensitive just in case one of these guys
Lands up putting people in jeopardy. Who would be liable if it didn't work out? The city?
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former9thward Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 07:10 PM
Response to Reply #8
10. Can't sue a city because the police or fire did not protect
you. They are immune. Especially on that. Plus it would be almost impossible to prove in court. As a former 30 year resident of Chicago let me assure you the police department is notoriously out of shape. The police union refuses to allow any meaningful physicals. The fire department is in better shape but not by much.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 10:45 PM
Response to Reply #1
12. Spot should be open for 111 black firefighters .... whether the originals or replacements -- !!
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LLStarks Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 05:39 PM
Response to Original message
2. Fair test or not, race-based quotas are stupid. nt
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La Lioness Priyanka Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-14-11 06:26 PM
Response to Reply #2
14. this is not necessarily race based quota
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Drale Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 05:46 PM
Response to Original message
3. OOO the tea baggers are going to have a field day
AFFIRMATIVE ACTION IN ACTION!!!:rofl:
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nomorenomore08 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 05:52 PM
Response to Reply #3
6. Never mind that if the department hired 0 black firefighters, those same folks
wouldn't bat an eye. It's supposed to be a meritocracy, doncha know - is it their fault the white guys happen to be superior? :sarcasm: :sarcasm: :sarcasm:
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alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-14-11 06:04 PM
Response to Reply #3
13. Here's the decision; the chief judge here is a Republican nominee
http://www.ca7.uscourts.gov/tmp/7U10EBMT.pdf

The chief judge: Frank H. Easterbrook, appointed by Reagan to the 7th circuit court of appeals. So was Judge Richard Posner. Gerald Ford appointed William Joseph Bauer.
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FLAprogressive Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 06:29 PM
Response to Original message
9. It's hard to say that picking at random was *intentionally* discriminatory. I would be interested in
seeing how many black candidates got hired.
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-..__... Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-13-11 08:09 PM
Response to Original message
11. I don't think it will be that simple.
Edited on Fri May-13-11 08:14 PM by -..__...
First, let me just state that I have no idea how Chicago's hiring procedure works (I'm going from my experience).

The article states that "the Chicago Fire Department must hire 111 African Americans who passed a firefighters entrance exam 16 years ago".

That tid-bit seems to leave out any mention of still being required to pass a criminal background check, physical, or psychological exam...

all of which were required by myself and others before even attending drill academy.

If hired, will they recoup 16 years of seniority (it's probably a given that they will since the ruling grants them 16 years of pension)?

Will they be eligible to take the promotional exam when it's first offered (probably moot... if they had substandard scores on the entrance exam,

it's unlikely they'll do any better on a promotional test)?

Will they also receive 16 years of owed vacation time and sick leave days (if accruable)?

Will they (should they), pay back (or have deducted from their pay), 16 years of union dues?

This could turn out to be a bigger mess than the city bargained for, and one that could mean more time in the court room.
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La Lioness Priyanka Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-14-11 06:27 PM
Response to Reply #11
15. which is why they shouldnt have used a non-valid selection measure to begin with. nt
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