NY1.com

  61º

Updated 08/04/2010 11:21 PM

Judge Rules FDNY Exam Still Discriminatory

By: Anthony Pascale

  To view our videos, you need to
enable JavaScript. Learn how.
install Adobe Flash 9 or above. Install now.

Then come back here and refresh the page.

A Brooklyn judge ruled Wednesday the written test given to entry-level firefighters is not a true measure of their abilities.

Judge Nicholas Garaufis says the New York City Fire Department test discriminates against minority applicants.

The ruling blocks the city's plan to hire 300 firefighters.

The judge had previously ruled that two other written exams discriminated against aspiring black and Hispanic firefighters.

In this latest ruling, Garaufis questioned why the city needs to hire a new class, since the mayor advocated closing some fire companies and reducing staffing in others.

He says he will hold a hearing as soon as possible to let the city explain why the need to graduate a new class of rookie firefighters is more important than avoiding racial discrimination in hiring.

The Vulcan Society, a group of black firefighters which had sued the city in the past, is calling the decision a victory.

"It's clear to us all along that these tests were, not only discriminatory, but no way to pick who's going to be a firefighter in New York City. If you did well on the test or did poorly on the test, it wouldn't matter as to how good a firefighter you were going to be. So we're happy with the judges decision," said Paul Washington of the Vulcan Society.

The group says although the judge continues to side with them, the city refuses to change its ways.

Currently, blacks make up only three percent of the city's fire department -- the lowest percentage of any large city.

Meanwhile, retired FDNY Deputy Chief Paul Mannix told NY1 by phone Wednesday the test is not the problem.

"It doesn't matter how good or how bad a test is -- they can say just because a certain group failed it in great numbers there has to be a problem. Now I thought we're supposed to treat people as individuals, not as members of a group. But, apparently if it's beneficial for these individuals to be treated as members of a group, then it's okay for them to be treated as members of a group," Mannix said.

The FDNY says there is currently a shortage of 200 firefighters, while the union says head count is down 300.

In response to the ruling, the City Law Department released a statement saying, "We are extremely disappointed in today’s decision, and are evaluating all legal options. If the Fire Department is not allowed to hire a new class -- as the judge has now ruled -- the City will have to make up for the understaffing by paying overtime at a cost of almost $2 million per month."