Federal Judge Imposes Racial Quota on FDNY, Responding to Minorities Who Failed Entrance Exams | CNSNews.com

Federal Judge Imposes Racial Quota on FDNY, Responding to Minorities Who Failed Entrance Exams | CNSNews.com


(CNSNews.com) – A federal judge is ordering the New York City Fire Department to implement racial quotas to address grievances from minorities who failed entrance exams.

On July 5 in Brooklyn, Nicholas G. Garaufis, a Clinton-appointed judge for the Eastern District of New York, issued a ruling that requires two of every five newly hired fireman to be black and one of every five, Hispanic -- until the department has fulfilled the court-ordered quota of 186 black and 107 Hispanic hires.

The ruling allows back pay -- totaling an estimated $128.7 million -- for minorities who failed written tests.

The court order is a response to a lawsuit alleging that two placement exams (Written Exams 7029 or 2043) for the FDNY were discriminatory against blacks and Hispanics, because fewer minorities passed the exam than whites.  (See copies of the exams here.)

The Justice Department’s Civil Rights Division is responsible for prosecuting cases under Title VII of the Civil Rights Act of 1964.  The DOJ claims the written exams had an “unlawful disparate impact,” causing fewer minorities to be hired.

“Title VII of the Civil Rights Act of 1964 prohibits not only intentional discrimination, but also employment practices that appear to be fair in form but are discriminatory in operation,” the Department states in a fact sheet on the FDNY case.  “A facially neutral employment practice, such as a written examination, that disproportionately excludes individuals from employment opportunities on the basis of their membership in a protected group, such as a particular race or national origin, and cannot be shown to be related to job performance, violates Title VII.”