Judges orders millions paid in NYC firefighter bias case

Federal Judge Nicholas G. Garaufis ruled Thursday the city could be on the hook for as much as $128 million in damages for FDNY exams that discriminated against minorities.

By Rose Arce, CNN
updated 6:10 PM EST, Thu March 8, 2012

(CNN) — A U.S. district judge ordered New York City to pay nearly $129 million in back-pay 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.

“It has been in the city’s power to prevent or remedy the need for damages proceedings for a decade, and it has not done so,” U.S. District Judge Nicholas G. Garufis said in his ruling on the class action lawsuit. He called it the “consequences of the city’s decision to ignore clear violations of federal law.”

United States of America and Vulcan Society Inc. vs. City of New York alleged that New York City firefighters violated the U.S. Constitution and local civil rights laws by using an entrance exam intentionally designed to discriminate based on race.

“There has been one persistent stain on the Fire Department’s record,” the lawsuit said. “For decades, black and other minority firefighters have been severely underrepresented in the Department’s ranks.

“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 underrepresentation 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.”

Michael A. Cardozo, New York City’s corporation counsel, disputed the decision. “We believe the court’s latest opinion is erroneous and, in any event, is the first step in a lengthy process. As the court itself noted, any damages the city ultimately must pay will be reduced by the amount each member of the class earned. When all the proceedings have been completed, the damages, if any, that the city will have to pay will be far less than $128 million,” he said.

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.

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. The back-wages total $82 million for black applicants and $42 million for Latino applicants.

Paul Washington, past president of the Vulcan Society, said: “The Vulcan Society has been fighting for almost 75 years to open the doors of the Fire Department to black firefighters. 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.”



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