by ARI PAUL
In the U.S. Department of Justice's lawsuit against the city accusing the Fire Department of using two racially discriminatory entrance exams, the firefighters' union and the force's African-American fraternal group are, not untypically, on opposite sides of the dispute.
The Uniformed Firefighters' Association filed a motion to intervene July 11 on the side of the city in the case filed in late May.
Vulcans Also Want In
Richard Levy, a lawyer for the Vulcan Society of African-American firefighters, stated in a letter to the DOJ that the group planned to file a complaint in intervention by July 13. The Vulcans filed discrimination charges with the Equal Employment Opportunity Commission in 2002, which led to an investigation by the Justice Department and ultimately to this lawsuit.
"We're not going to put all our eggs in their basket," said John Coombs, president of the Vulcans, in explaining why the group wanted a direct role in the case.
While not in agreement with the society's course of action, UFA President Steve Cassidy has stated that the department should put more emphasis on the physical exam rather than the written exam, and that it should focus recruiting efforts on people leaving the military. This, he said, would result in a better-skilled and more racially diverse firefighting force.
Mr. Cassidy said in the motion that the exams "hardly seem discriminatory."
"The UFA opposes any form of illegal discrimination," said union lawyer Michael Block in a statement. "We welcome all qualified applicants to the ranks of the FDNY regardless of race, gender, religion or nationality. We believe that the ability to read, write and understand written and verbal instruction is more essential than ever for today's firefighting force."
"It's not surprising from my point of view," said Capt. Paul Washington, the former president of the Vulcans, regarding the UFA's support of the city. "Anything that looks like it's going to bring more blacks on the job, they're going against it."
May Affect Incumbents
Shayana Kadidal, a lawyer for the Vulcans, speculated that unions like the UFA would intervene in litigation because the remedy the court would hand down could affect hiring and seniority. He did not think the UFA's intention to intervene would complicate the case.
"I don't think they're going to have any significant role to play," he said.
The Vulcans have long protested what they feel is systemic racism in the department. The tests, the group has claimed, were filled with irrelevant and confusing questions that had little to do with one's ability to become a firefighter. The DOJ stated in its lawsuit that the disparity in passing rates between minority and white applicants, the latter of whom scored higher, was statistically significant.
Less than 3 percent of the city's firefighters are African-American, and the number has remained static for the last 10 years, said Mr. Coombs. Latinos make up more than 4 percent of the 11,000-member firefighting force. Lawyers for the Vulcans claimed there are more minorities in departments in cities such as Chicago, Boston and Los Angeles.
Protecting Their Interests
Mr. Kadidal stressed the importance of the Vulcans' direct involvement in the lawsuit.
"There's always the notion [that] at some point in litigation parties' interests can diverge," he said. "The Justice Department doesn't technically represent the Vulcans. All in all, it's a prudent thing for parties to intervene in cases where they brought the charge."
The department is still appointing Firefighters from lists resulting from the tests under challenge. Mr. Kadidal believed that if the DOJ wins its case, hundreds of minority applicants could be appointed to the department.
The lawsuit has its critics, including Dominick DeRubbio, who is leading a group of firefighters challenging the current written test - which the Vulcans also have objected to - as being too subjective and poorly administered.
"It was so easy," he said of the two previous exams.
City: They Have No Case
Mayor Bloomberg and Fire Commissioner Nicholas Scoppetta have vowed to fight the DOJ's case. City Corporation Counsel Michael A. Cardozo formally denied the allegations and asked the court to dismiss the case last month.
"Plaintiff cannot establish that Exams Nos. 7029 and 2043 had unlawful disparate impact on black and Hispanic candidates," he wrote. "There does not exist a pattern or practice of discrimination against blacks and Hispanics in the selection and appointment process for entry-level FDNY firefighter."
But Mr. Kadidal was unfazed, claiming that the evidence against the city was strong.
"The EEOC and the DOJ have concluded that there are violations of Title VII," he said, referring to the Civil Rights Act. "One hopes that the union isn't defending violations of Title VII."
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