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Federal Judge Imposes Racial Quota on FDNY, Responding to Minorities Who Failed Entrance Exams
CNS ^ | 7/16/2012

Posted on 07/16/2012 7:30:42 PM PDT by Altura Ct.

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.”

Judge Garanufis ruled that any black or Hispanic individual who failed either written exam with a score of 25 out of 100 or higher is eligible to receive place on the priority hiring list as well as damages, including “non-economic damages.”

Non-economic damages are intended to compensate for the “lost intangible benefits of being a firefighter.” The intangible benefits include “prestige, job satisfaction, camaraderie, unique excitement, enjoyment of flexible scheduling, unusual employment stability, feeling of security derived from retiring with a full pension and lifetime medical benefits, and the potential for career advancement.”

All new hires must pass an updated test—Exam 2000—as long as it is found to comply with Title VII of the Civil Rights Act, the ruling states.

Further, Judge Garanufis ruled that minorities who were not hired because they failed the entrance exams must be paid a “retroactively higher salary” and receive “retroactive seniority” once they are hired through the new quota system. Retroactive seniority affects accrual of vacation and sick leave, among other benefits.

The Bush Justice Department filed suit against the FDNY in May 2007, challenging the exams that were first administered in 1999 and 2002. In July 2009, Judge Garaufis ruled that New York City had violated Title VII of the Civil Rights Act, and then in 2010 he found the city liable for “intentional discrimination against black applicants,” according to the DOJ.

In a previous ruling, Judge Garaufis accused the FDNY of being a “bastion of white male privilege.”

"While the City's other uniformed services and fire departments across the country have changed to reflect the communities they serve, employment as a New York City firefighter -- arguably 'the best job in the world' -- has remained a stubborn bastion of white male privilege," Garaufis wrote in October 2011.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society
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1 posted on 07/16/2012 7:30:47 PM PDT by Altura Ct.
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To: Altura Ct.

Atlas Shrugged out of NYC a long time ago.


2 posted on 07/16/2012 7:33:02 PM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: Altura Ct.

All new hires must pass an updated test—Exam 2000


One question,,,whats your name? Congratulations, you passed!!!


3 posted on 07/16/2012 7:35:10 PM PDT by chessplayer
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To: Altura Ct.

The NBA is a bastion of black male privilege.


4 posted on 07/16/2012 7:35:24 PM PDT by biggredd1
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To: Altura Ct.

Will the question ever be answered - why did they flunk the written exam? Too hard? Apparently not for those who value education.


5 posted on 07/16/2012 7:37:51 PM PDT by pacpam (action=consequence and applies in all cases - friend of victory)
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To: Altura Ct.

One thing should be noted: family members have told me the test isn’t even that hard! If you can read at a fair level and fill in a circle, you can probably pass. If not, I don’t want you working there, white or black!


6 posted on 07/16/2012 7:39:51 PM PDT by MacMattico
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To: Altura Ct.

So I guess the test was full of questions that only White people could answer. Honestly, can’t imagine what those would be. Maybe: What’s a duvet? [/s]


7 posted on 07/16/2012 7:40:02 PM PDT by rbg81
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To: Altura Ct.

Un-flippin’ believable!

So, is it wrong to hope that the judges’s house catches fire and burns to the ground while affirmative action hires try to figure out how to get the pump working?

I am NOT saying that blacks or Hispanics cannot become totally qualified firefighters - BUT if you cannot even pass the entrance exam, which is not that difficult, then you should not be given the job, period! Most hires score in the top 10% of all test takers - if you can’t even get to the minimum threshold, you have no business demanding the city even let you move on to the next step in the process!


8 posted on 07/16/2012 7:40:17 PM PDT by VikingMom (I may not know what the future holds but I know who holds the future!)
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To: Altura Ct.

If there’s true justice in this world, this judge will find himself in need of fire department services and the service providers will be the unqualified dumbos that he ruled were entitled to their positions.


9 posted on 07/16/2012 7:41:10 PM PDT by OldPossum ( "it's" is the contraction of either "it is" or "it has"; "its" is the possessive pronoun)
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To: Altura Ct.

White libs to blacks and hispanics:

“You are too stupid and mentally inferior to pass the test on your own.”


10 posted on 07/16/2012 7:41:16 PM PDT by chessplayer
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To: chessplayer

Didn’t SCOTUS already find a similar ruling to be unconstitutional?


11 posted on 07/16/2012 7:43:26 PM PDT by snarkytart (http://www.freerepubli224%2C1)
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To: Altura Ct.

To be really fair, they shouldn’t even have to train. Or show up to work.


12 posted on 07/16/2012 7:43:26 PM PDT by Dogbert41 ("...The people of Jerusalem are strong, because the Lord Almighty is their God" Zech. 12:5)
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To: Altura Ct.
If only there was affirmative action in the NBA maybe I,too,would be making a million a year for sitting on the bench.
13 posted on 07/16/2012 7:43:44 PM PDT by Gay State Conservative (Jimmy Carter Is No Longer The Worst President Of My Lifetime)
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To: Altura Ct.

I expect Obamacare to impose similar quotas on brain surgeons.


14 posted on 07/16/2012 7:45:01 PM PDT by madprof98
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To: Altura Ct.
when is this effen bee ess going to stop?

I'm an American by birth and I have a mexican couple with an 'anchor baby' living on the floor above me who make so much noise every single night it's screwing with my sanity. I politely asked them to tone it down and basically what I got from them was a 'f**k off, call the police if it bothers you'.

Trouble is, to make a disturbing the peace charge stick, the cops have to hear it outside at least 50 feet away. Them pounding and crashing and slamming whatever they are slamming can't be heard that far away outside, but I can't watch a movie or have a moments peace and quiet after my hard day at work paying their damn welfare checks because of their arrogant, disrespectful behavior.

This is now.

Let me tell you about 20 years ago!

My late ex-father-in-law was up for Fire Chief in our 'fair city'. He had the most experience and was obviously the best qualified. Quota-filler 'person of color' was up for it, also. My ex-FIL was an operational asst. chief at the time and quota BOY was nothing but a training type his whole career. Guess who made Chief.

Mister quota-filler, grievance filing, affirmative action POS robbed my ex-FIL of his dream.

What, me pissed?

15 posted on 07/16/2012 7:45:36 PM PDT by Looking4Truth (Leave it to some angry, frustrated liberal do-gooder to screw things up for the rest of us.)
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To: VikingMom

So, is it wrong to hope that the judges’s house catches fire and burns to the ground while affirmative action hires try to figure out how to get the pump working?


I wonder how many doctors there are in this country that are totally unqualified but have been given a license to practice anyway to fill quotas.


16 posted on 07/16/2012 7:46:16 PM PDT by chessplayer
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To: Altura Ct.

I know someone who voted for obama. He was livid when Sotomeyor voted on a similar case. Yet he still loves obama.

For all you liberals in NYC, I hope you’re apartment doesn’t catch fire. If it does, remember the guy coming to try to rescue you made 25 on the exam. Feel better?


17 posted on 07/16/2012 7:49:04 PM PDT by Terry Mross ( To kin and former friends: Do not attempt to contact me as long as you love obama.)
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To: snarkytart

Didn’t SCOTUS already find a similar ruling to be unconstitutional?


Don’t know. But even if it’s unconstitutional they are going to do it anyway.


18 posted on 07/16/2012 7:49:36 PM PDT by chessplayer
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i looked at the link in the original story that links to the nyc exams...i went over them and cant see for the life of me where the discrimination is at....has anyone seen info from any story as to what the problem was, other than these minorities failing??

what questions were the problem????


19 posted on 07/16/2012 7:50:12 PM PDT by raygunfan
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To: Looking4Truth

Get some big speakers. Cut some 2x4s the right length so the speakers will be held against the ceiling. Turn the base to max and jam away! Their floors will be vibrating but you shouldn’t be able to hear it outside. Eventually they’ll want to negotiate ‘cause that baby ain’t sleeping.


20 posted on 07/16/2012 7:54:01 PM PDT by Terry Mross ( To kin and former friends: Do not attempt to contact me as long as you love obama.)
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To: Altura Ct.

This is just the beginning. I went through this.

First it’s the quota’s for hiring, then they have to have a quota for promotion, because the idiots who couldn’t pass the entrabce exam, cannot pass the promotions exam.

They will lower the standard and jury rig a promotion process the blacks can pass.

Another great job going down the tubes , next we will hear from the women.


21 posted on 07/16/2012 7:55:06 PM PDT by Venturer
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To: Altura Ct.

Whats wrong with these people in New York City..
They can’t see this as racist a rule as “whites only” rules?..

Talk about being NOT BEING color blind this is color coded hiring policies..
They deserve their insane givernment... they deserve it..


22 posted on 07/16/2012 7:57:27 PM PDT by hosepipe (This propaganda has been edited to include some fully orbed hyperbole..)
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To: Altura Ct.

I’m surprised the obviously race disoriented judge, by my belief of societal benefit, did not simply throw out the entrance exam procedure. He essentially established a pool for blacks and a pool for Latinos and a left over pool for white skinned Caucasians. Of course this is not racial profiling because a judge set it up. The judicial system needs some serious personnel changes.


23 posted on 07/16/2012 8:02:50 PM PDT by noinfringers2
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To: Altura Ct.

When his house or court is on fire, let him deal with a ladder of affirmative action hires and an affirmative action lieutenant.


24 posted on 07/16/2012 8:03:50 PM PDT by rmlew ("Mosques are our barracks, minarets our bayonets, domes our helmets, the believers our soldiers.")
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To: pacpam
Will the question ever be answered - why did they flunk the written exam?

There's only two possibilities - since the test can be taken more than once - and that's either they're too stupid to pass or too lazy to study. There are no other answers.

25 posted on 07/16/2012 8:10:16 PM PDT by GOPJ (Innocent people dying was the objective of Fast and Furious......... Ann Coulter)
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To: Altura Ct.

Think HS Football ...

The other Team CHEATED! They Practiced!

TT


26 posted on 07/16/2012 8:18:12 PM PDT by TexasTransplant (Radical islam is islam. Moderate islam is the Trojan Horse.)
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To: VikingMom

Do I understand this correctly???

They didn’t pass the test & they will get ‘back pay’ for a job they never held?????

Unbelieveable.

Cannot wait until this is imposed upon private businesses!!!!


27 posted on 07/16/2012 8:22:27 PM PDT by ridesthemiles
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To: pacpam

Didn’t you even read the article? They failed the test because tests are racist. Duh!


28 posted on 07/16/2012 8:25:38 PM PDT by Tailgunner Joe
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To: Altura Ct.

Doesn’t the University of Ca v Bakke case effectively set precedent? Hayes v City of Charlotte? How many times does this have to be decided??


29 posted on 07/16/2012 8:27:19 PM PDT by LexRex in TN ("A republic, if you can keep it.......")
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To: ridesthemiles

They didn’t pass the test & they will get ‘back pay’ for a job they never held?????


It’s called reparations.


30 posted on 07/16/2012 8:42:03 PM PDT by chessplayer
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Da Judge got a phonecall from King Jerk-A-Boo`s AG




31 posted on 07/16/2012 8:43:12 PM PDT by devolve (-------------- ------- no servers - no intelligence ----------- ---------------------)
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To: rbg81

“So I guess the test was full of questions that only White people could answer.”

I say old chap, which burns faster-pate de foie gras, a highball, or filet mignon?/s;)


32 posted on 07/16/2012 8:44:23 PM PDT by Frank_2001
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To: Altura Ct.

A few years back (in O’Malleys 1st term as Mayor - I think), a graduating class of the Baltimore City Fire Dept seemed to be missing any minorities. To ‘solve’ this problem, they ordered another class to form immediately and it was strictly minority.
The fire dept tried to explain that their was something like 15 or so months between classes and only the most dedicated ‘sat around waiting’ and a lot of the starters just went into another line of work rather than sit idle for 18 months - with the majority of the class being ‘family’ type recruits.

Upon hearing the news some Black lady proclaimed (either or camera but definitely on a radio interview) “I don’t care if the person coming to rescue my 300 lb Black Ass is green as long as he can haul me to safety” (Not quite a perfect quote, but the gist is there).


33 posted on 07/16/2012 8:46:16 PM PDT by xrmusn (6/98 "It is virtually impossible to clean the pond as long as the pigs are still crapping in it")
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To: Altura Ct.

That is end of meritocracy and installation of mediocrity.


34 posted on 07/16/2012 8:48:48 PM PDT by entropy12 (Hate is the most insidious emotion, it will rot your gut from the inside.)
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To: Altura Ct.

so does a WASP who pretends to be Cherokee have an edge?
Does a biracial with no slave blood get an edge?
Does a visigoth from argentina get an edge?


35 posted on 07/16/2012 8:51:59 PM PDT by hecht (restore Hetch-Hetchy, and screw San Francisco and Pelosi)
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To: Altura Ct.

And this is how people end up believing that no one is the agent of his own fate - achieve well on a test - or not - and some judge somewhere is going to invalidate your performance and if you did crappy he will put you over the top anyhow, and if you did well on your own - well shame on you.......


36 posted on 07/16/2012 8:59:03 PM PDT by Intolerant in NJ
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To: Altura Ct.

It really is time for cities, and states to start IGNORING Unconstitutional Court orders such as this. That includes the recent one(Among others) from the USSC as well. The political corruption of court systems cannot go on.


37 posted on 07/16/2012 9:01:08 PM PDT by Revel
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To: Looking4Truth
There are a couple of nasty little devices called Sonic Assault and Sonic Nausea that an online company sells.

http://www.force-ten.com/electronic-warfare-c-34.html

38 posted on 07/16/2012 9:05:20 PM PDT by Isabel C.
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To: GOPJ

I defy anyone to to show me an example of a “racially biased” question on a written exam.


39 posted on 07/16/2012 9:10:26 PM PDT by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: Venturer

We already heard from the women decades ago. The Fire Department made one sideways passageway in the test so narrow that women couldn’t get through. There was actually a guy who died taking the test because they tried so hard to design it to exclude the women.

I’m glad that battle seems to be over and my firefighters are men.


40 posted on 07/16/2012 9:15:30 PM PDT by firebrand
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To: Altura Ct.

So does this mean the ones from the 1999 test will be receiving back pay for 9/11? What a freakin insult!


41 posted on 07/16/2012 9:18:40 PM PDT by MacMattico
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To: raygunfan

Amen Brother! Nothing in that test is discriminatory, nothing. Unless being stupid, unable to remember simple instructions ( oh wait, can’t discriminate against stupid maybe) or they cannot read. I went through Navy firefighting school in the 70’s and still feel confident I could be part of a fire team (even being disabled I would perform to 100% of my physical ability). I know 10 year old kids who could pass that test (I’m betting better than a 90% score). In fact I am printing the test out to test that theory). The judge who ruled on this needs to be checked into a mental health facility.


42 posted on 07/16/2012 9:19:46 PM PDT by Fully Awake DAV (Navy Vet when homosexuality was not tolerated)
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To: Cyropaedia
Fill in the circle that describes your ethnicity.

(Racially biased question, because if the answer isn't white, you only need to receive a 25 on the test to be hired)

Not exactly a test question, but probably on the test!

43 posted on 07/16/2012 9:27:38 PM PDT by MacMattico
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To: Altura Ct.

Apparently, morons are a protected minority. Who knew?


44 posted on 07/16/2012 9:40:37 PM PDT by Jack Hammer
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Reading the lsm over the last 15 years or so has convinced me that only white males possess any intelligence and initiative. My parents taught me wrong, perhaps I can sue.


45 posted on 07/16/2012 9:47:18 PM PDT by dsrtsage (One half of all people have below average IQ. In the US the number is 54%)
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To: snarkytart
Didn’t SCOTUS already find a similar ruling to be unconstitutional?

Yeah, but the plan is to take the issue to SCOTUS once again and get John Roberts or Scalia to stab America in the back.

46 posted on 07/16/2012 9:55:53 PM PDT by JimWayne
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To: dsrtsage

“...only white males possess any intelligence and initiative...”

I was told that only the Old Scottish truly cared about individual freedom, and that every other race would accept tyranny.

The Scottish Enlightenment was well known to our American Forefathers.

I don’t have much Scottish blood, but what I have always seem to be at a full boil.


47 posted on 07/16/2012 10:21:41 PM PDT by Born to Conserve
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To: madprof98
I expect Obamacare to impose similar quotas on brain surgeons.

One Joe Biden is more than enough.

48 posted on 07/16/2012 10:28:47 PM PDT by Dr.Deth
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To: Altura Ct.

LMAO!!
I wonder how many outraged FDNY firemen consistently vote Democrat?
And will continue to do so?

I just can’t bring myself to care about what happens in the big concentrated Democrat parasite nests (”cities”) anymore.


49 posted on 07/16/2012 10:46:34 PM PDT by Lancey Howard
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Why have tests at all? If they must be dumbed down so that anyone can pass them, they are of no use. By the way, what were Obama’s SAT scores? His LSAT scores? We had to know Bush 43”s SATs, why can’t we know Obama’s?


50 posted on 07/16/2012 10:49:06 PM PDT by Godwin1
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