Vulcans: Suit May Diversify FDNY;

Scoppetta: Unnecessary
Vulcans: Suit May Diversify FDNY


When the Bloomberg administration got slapped with a lawsuit from the U.S. Department of Justice last week alleging that the Fire Department's previous two entrance exams discriminated against minorities, it responded that it was doing its best to recruit African-Americans and Latinos.

NICHOLAS SCOPPETTA: Charges 'unfortunate.' The fraternity of African-American firefighters that spurred the lawsuit was not surprised by the official response.

"This is just a repeat of their desire to do little," said John Coombs, the president of the FDNY Vulcan Society. "That's just rhetoric."

Basis for Suit

The lawsuit is a result of investigations of the 1999 and 2002 exams for Firefighter by both the U.S. Equal Employment Opportunity Commission and the DOJ. Minority applicants as a whole got lower scores than white test-takers, and the lawsuit claims that the pass rates between whites and minorities are "statistically significant." The Center for Constitutional Rights, which represents the Vulcans, has argued that the exams include vague and irrelevant questions that cause a racial disparity in the department.

The Chief-Leader/Pat Arnow 'GETTING IN THE DOOR'S THE PROBLEM': Fire Capt. Paul Washington (left), the former president of the FDNY Vulcan Society, tells reporters that promotion tests are 'pretty fair' and allow black firefighters to advance; 'the problem is getting in the front door' due to entry exams the organization believes are biased. Looking on is current Vulcan Society head John Coombs. "This is unfortunate and unnecessary," Fire Commissioner Nicholas Scoppetta said in a statement reacting to the lawsuit, "especially since we just ran the most successful minority recruitment campaign in department history by attracting thousands of blacks, Hispanics and women who took the recent Firefighter exam."

Miguel Martinez, the Chairman of the City Council's Fire and Criminal Justice Committee, said that the Council has pressured the department to increase diversity and that it helped that effort by reducing the time between the physical and written exams. He also said that last year the department for the first time had a budget, which amounted to more than $1 million, to recruit new members.

Still Using 2002 Test List

The department held a written test earlier this year, but is hiring from the applicant pool that took the 2002 exam, according to the Vulcans. The society insisted that the 2007 exam was hastily rewritten and that department prep classes were not informed of the change until halfway through the courses.

Less than 3 percent of the city's firefighters are African-American, and the number has remained steady for the last 10 years, said Mr. Coombs. Latinos make up more than 4 percent of the department. By comparison, between 20 and 60 percent of firefighters in Los Angeles, Boston and Chicago are of a minority race, according to CCR. Mr. Coombs said that in those cities, the departments only became diversified as a result of legal action.

Claims Intimidation

Even for the African-Americans who make it into the department, there are other racial issues. Former Vulcan President Paul Washington told reporters at a press conference May 21 that some African-American firefighters have faced racist intimidation from white co-workers who were never disciplined.

But Captain Washington added that once African-Americans get hired, they do not have problems gaining promotion.

"Promotion tests are pretty fair," Captain Washington said. "The problem is getting in the front door."

For the Vulcans, the department's monochrome image dissuades minority children from even aspiring to become firefighters. In addition, the society argued that the city as a whole is suffering because minority neighborhoods have inadequate emergency response service when the local firehouses are not diverse.

"I like to use the example of Flushing, Queens," Mr. Coombs said.

The neighborhood is home for people from all over Asia, and many of them do not speak English as a first language. But because the staff of local firefighters does not reflect the community, it can be difficult for them to interact with firefighters, he said. For Mr. Coombs, the situation is similar in other minority communities throughout the city.

The head of the Firefighters' union questioned the relevance of that issue.

"I would say when someone is trapped in a burning building, they don't care if they're black or white, they want someone who can come in and save them," said Steve Cassidy, president of the Uniformed Firefighters' Association.

Mr. Cassidy maintained that the department can increase racial diversity by recruiting more from the military.

CCR and the Vulcans saw the DOJ's action as a victory, saying it legitimized their claims about the department, and called it a step forward in fighting the lack of diversity. CCR will now attempt to be an intervening plaintiff in the litigation. If the DOJ is ultimately successful, several hundred African-Americans who took the 2002 exam could be hired by the department as a result, said CCR senior attorney Shayana Kadidal.