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Posts Tagged ‘disparate impact’

Below please find an article detailing the beginning of the payouts related to the Vulcan lawsuit and also a Release of ours from two years ago. We are now forwarding the Release again as it seems proper and timely to do so, but I want to make a change: we do not believe the money should be claimed at all, even if it will be donated, if back seniority must be claimed along with it.

Payouts start flowing in FDNY discrimination suit
http://nypost.com/2014/05/01/payouts-start-flowing-in-fdny-discrimination-suit/

A few comments:

1.Will Hispanic class action members now sue the Vulcan Society attorneys for disparate treatment – intentional discrimination – because the “Vulcan Society attorneys sought out the special provision for black class action members while no one bothered to do so for Hispanics” and as a result “compensatory damages are available only for black applicants”?

I had written two years ago that I did not know why blacks were being treated better than Hispanics; now it appears that the reason may be intentional discrimination on the part of the Vulcan Society attorneys.

2.Why is the city “quietly cutting $2501 checks” to victims of discrimination who suffered emotional damage? To avoid taxpayer outrage (they are the ones handing over all this money along with the additional $98 million, after all)? To protect the Vulcan Society attorneys from charges of intentional discrimination against Hispanic class action members? If the new Administration believes discrimination occurred and victims must be compensated, much hoopla should accompany these payouts instead of doing it “quietly”.

3.Casual observers of this issue may erroneously believe that the city used “discriminatory entrance exams”. To correct this false belief simply requires visiting the NY Times website and searching for the 1999 and 2002 entry tests. This visit will reveal that these were “open-book tests” which contained the answers right with the questions.

4.Court papers reveal that one applicant for emotional damages was rejected because of his “ethnic ineligibility” (wow- that’s a little chilling, isn’t it? “Ethnic ineligibility”?!? Truth be told, that’s what quotas and affirmative action are all about: Determining who is eligible and ineligible based on nothing other than ethnicity or race or gender. This is a euphemism I shall be using quite often in the future as it perfectly captures the insidious, racist, sexist and deplorable belief system supporting the entire affirmative action structure: determining who can be declared ethnically eligible or ineligible).

Two questions regarding this candidate:

1.Will he be subjected to any sanctions for apparently misrepresenting his ethnicity? This was a concern addressed in a recent Notice of Examination.

2.Will he take action against the Vulcan Society attorneys for possibly engaging in intentional discrimination?

Current Firefighters and the Vulcan lawsuit

Merit Matters has been contacted by a number of current firefighters about the opportunity to file a claim for back pay and seniority if they were hired after taking either the 1999 or 2006 entry test. We have been asked our opinion and are happy to give it.

It should come as no surprise to anyone that we do not believe that someone hired as a firefighter has any grounds to believe they are due anything other than what they have already earned after successfully competing in the NYC civil service merit system. Although the Court has ruled that the two tests were discriminatory- tests, remember, that provided all the information necessary to answer every question properly right above the question- we reject the belief necessary to arrive at that decision: that blacks and Hispanics are not capable of performing well on written tests or competing successfully against whites. Frankly, we are astounded that members of these groups can make this insulting argument. If anyone from Merit Matters made a similar one our opponents would finally be able to make a legitimate claim that we were racist.

Black and Hispanic firefighters who have earned their positions have repeatedly voiced their concern that while they would like to see more minorities hired as firefighters they do not want anyone hired who will not be able to perform the duties required- both mental and physical. They also do not want to be tarred with the “quota” brush; one minority firefighter suggested that the FDNY adopt the system of hash marks used by the NYPD to indicate how much time each member has been on the job in order to avoid this.

The potential for divisiveness and acrimony among firefighters, already heightened by the lawsuit and remarks maintaining that “fires go out eventually; it really doesn’t matter who responds” or “we are not against the most radical methods of integrating” the FDNY, will no doubt be increased if money is claimed and retroactive seniority demanded based on nothing other than the color of someone’s skin. In fact, divisiveness may occur within the two groups able to make these claims since blacks have the opportunity to receive compensatory damages above and beyond what Hispanics can receive because… well, I don’t know why. Perhaps someone can explain this.

Some believe that money not claimed will go to the Vulcan Society- we have not been able to confirm this and do not believe it should be used as justification to file a claim. One firefighter raised the possibility of claiming the money and then donating it all to a worthy charity. We have to remember that this money is taxpayer money; when someone says, “the city has to pay” they are really handing the bill to the taxpayer. That said, if anyone chooses this path please notify us; we would be happy to post your name and offer our congratulations upon confirmation of any gift made, in whole, to a worthy charity.

Paul Mannix
President – Merit Matters

Comments Off on As Payouts Start Getting Handed Out in FDNY “Discrimination” Case :: Merit Matters

In a case that doesn’t address the malicious abuse of “disparate impact,” the U.S. Supreme Court DID uphold the voter’s right to ban things like racial preferences, if they “feel it wise to do so.”

Michigan’s Proposition 2 remains in effect. In a 6-2 decision, the justices ruled that the court had no authority to set aside state laws that let the voters decide if they want race to be among criteria that colleges use in admissions criteria. Their opinion reverses a lower court ruling that struck down Michigan’s ban, but made clear that the justices were not about to wade into larger questions about opportunities and race.

Read more on Merit Matters

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Interminably Weak :: Merit Matters

Friday, May 9, 2014 posted by admin

Author Shelby Steele has written that programs, preferences and set-asides that target women and minorities cause these groups to be viewed “as almost interminably weak” and place a “pitying stigma” on even the most hard-earned achievement. This belief has been echoed across at least 40 years by Fire Commissioner Gus Beekman (the second black man to hold that position, and someone who rose through the uniformed ranks from Firefighter to Chief of Department)) who counseled that no one should seek special treatment and “that any pressures applied by the Fire Department (in the form of standards and competitive examinations) are designed to propel men forward rather than to hold them back” all the way to current Firefighter Angel Vazquez of Engine 71 (the Merit Matters Battalion 14 Representative) whose sustained outrage, loudly and repeatedly expressed, at the idea that blacks and Hispanics cannot compete with whites on written tests I hear on a regular basis. And FF Vazquez is not alone – countless firefighters of all races and ranks also reject the proposition that some races are inferior to others and can’t achieve success without the benevolent (in truth, malevolent) assistance of lawsuits and quotas. One Hispanic Firefighter even suggested that some sort of identifying mark be added to our uniforms so that NYC residents and fellow firefighters will know that he earned his job.

This Release is being written and distributed on the day a trial was to begin to determine if NYC and the FDNY intentionally discriminated against minorities (although that’s not exactly true as Asians, Native Americans and “other” were determined by Judge Nicholas Garaufis to be “strong” enough to compete on written tests). Only blacks and Hispanics are to receive a stigma, courtesy of the Vulcan Society (but not, it is important to note, the Hispanic Society – they refused to join the Vulcans in the lawsuit). Consider the following facts which detail the expensive and extensive efforts by NYC and the FDNY, stretching back decades, to integrate: 

In order to entice people of color and women into joining the FDNY, the city of New York has:

  • Complied with a 1973 quota for blacks that resulted in blacks comprising nearly 8% of the firefighting ranks. The incorrect belief expressed in court documents that the percentage of blacks has “held steady at around 3%” since that time to now would not have been posited had the judge accepted my offer of help.
  • Spent well over $20 million on recruitment since the 1980s
  • Established a Fire Cadet program
  • Established an Explorer program
  • Extended established filing periods for tests so more minorities could sign up. This has been done repeatedly, most recently for the 2012 entry test.
  • Geared tests towards factors that would enable minority and women applicants to compete for and enhance their chances of being considered for positions as firefighters. The 2007 test was designed to get as many applicants as possible to pass.
  • Established city residency credits to benefit minority applicants, even applying the credit retroactively to a test given two years earlier.
  • Established a Pass/Fail Promotion test from EMS titles to Firefighter to increase the number of minority and female firefighters.
  • Given a test on which credit was given for wrong answers.
  • Established a high school whose mission is to get female and minority students interested in firefighting
  • Celebrated with one of the original female firefighters, Linore Simmond, when she was awarded the Isaac Liberman Public Service Award for her contributions to FDNY minority recruitment efforts. This was awarded in 1994 and came with a $3,500 cash award – does Paul Washington continue to claim that recruitment efforts in the past (this was 20 years ago) were pitiful? Does that mean this award earned by an African-American woman was, in truth, not earned?
  • Appointed Battalion Chief Phil Parr, so highly regarded that he was a finalist to be Fire Commissioner in 2009 and has recently been mentioned again for this position, to head the Recruitment Unit. Again I ask – does Paul Washington think the appointment of this African-American was a pitiful effort? And, if so, why did Washington turn down the chance to run the Recruitment Unit himself when it was offered to him?
  • Worked with the NY Sports Club in establishing a program to help females pass the physical
  • Established a Fire Service Fellowship at John Jay College
  • Made “a Hell of an effort” to bring as many people of color into the FDNY as possible according to Doug White when he, an African-American, was Commissioner of Personnel under Mayor David Dinkins. Mr. White is currently an Assistant Commissioner in the FDNY and still very involved in its minority recruitment effort.

That is quite an impressive list (and it isn’t even complete). New York City sure has a funny way of intentionally discriminating against minorities. 

One of the recurring falsehoods implied repeatedly in this debate is that it is the overwhelmingly white FDNY that makes up the tests that “discriminate” against minorities. The truth is that it is the Department of Citywide Administrative Services (DCAS – formerly known as the Department of Personnel, where Doug White was once Commissioner) which performs this task – and DCAS is a majority minority agency. Does anyone seriously think that DCAS is conspiring to keep minorities, especially blacks (because the Hispanic numbers in the FDNY are rising naturally as Hispanics decide they want the job, and then prepare) out of the FDNY? Blacks are the most over-represented group in city employment, employment gained by taking tests prepared by –you guessed it – DCAS.

What of those tests? Since they are at the center of this lawsuit, anyone hoping to understand the issues surrounding it or comment intelligently should familiarize themselves with the tests – and this is easily done. Simply go to the NY Times website:

www.nytimes.com

Once there, search for the 1999 and 2002 FDNY entry tests. You will quickly and easily see that these were essentially “open book” tests; all the information necessary to answer each question correctly was provided directly above the question. No, really, it was. 

So there will be no trial beginning today. The NYC Administration decided to settle the case (words like “surrender” and “abandoning” were used to describe this decision) and “broad injunctive relief” will be utilized to achieve certain goals (which includes seeking “an increase in the number of blacks at all ranks within the department” according to court documents – a goal which should concern all that quota promotions are on the horizon and also shake up any apathetic incumbents who hope to be promoted in the future).

No trial, but no end to our advocacy, either. If anything, being abandoned and watching too many both within and outside of the FDNY surrendering only energizes us, and we take inspiration from the words of USMC General Lewis “Chesty” Puller:

“We’re surrounded. That simplifies the problem! Now we can fire in any direction!”

Paul Mannix
President
Merit Matters

Comments Off on Interminably Weak :: Merit Matters

There are four articles, all of which were published on the Merit Matters blog in 2010 and 2011, which discuss disparate impact — which  goes against The United Civil Servants’ desire to conduct fair tests so we can discover and develop the very best firefighters.

In “Standing Up for Higher Standards” published on Aug. 9, 2010, New York City Mayor Mike Bloomberg put it best when he said: “If some people don’t want to go into that career, forcing them into it just because you have this quota system doesn’t make any sense.”

We also recommend reading three other Merit Matters posts that reflect our viewpoint:

Comments Off on Disparate Impact: Why We Believe in Fair Testing for Firefighters