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WEDNESDAY, NOVEMBER 25, 2009
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 ANALYSIS 
6

Firefighter Ruling Leaves Guidelines as Muddy as Ever

Employers likely to ditch written tests altogether to avoid discrimination suits

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(Newser) – Yesterday's Supreme Court ruling in favor of a group of white firefighters looks likely to be a boon for employment lawyers instead of cities seeking clear guidance, experts tell the New York Times. The court's ruling makes it harder for employers to chuck out tests that overwhelmingly favor whites, and many are expected to instead revamp their entire selection process to avoid discrimination suits.

"The ruling gives employers less flexibility to change the selection process once it’s established,” one employment lawyer said. “As a result, employers will want to try to establish bulletproof selection criteria.” Many cities are already moving away from using written tests in favor of assessment centers where applicants for hiring or promotion are judged on their ability to handle simulated real-life situations.

Attorney Karen Torre, center speaks  with Frank Ricci, front right, the lead plaintiff in the the
Attorney Karen Torre, center speaks with Frank Ricci, front right, the lead plaintiff in the the "New Haven 20" firefighter reverse discrimination case.   (AP Photo/Jessica Hill)
New Havenfirefighter Gary Tinney, one of a group of African-American firefighters in New Haven at the center of a controversy over promotions, stands in front of the firehouse where he works.
New Havenfirefighter Gary Tinney, one of a group of African-American firefighters in New Haven at the center of a controversy over promotions, stands in front of the firehouse where he works.   (AP Photo/Bob Child, File)
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We don’t see clear, bright-line guidance here. This is going to be good for employment lawyers. - Lars Etzkorn, a program director with the National League of Cities.

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6 comments
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riffran
Jun 30, 09 8:03 AM CDT
It's real simple. Ask firefighting related questions and do firefighting related test. Fire knows no race. And there is no firehose white version and firehose ethnic version. If "dummy down" to make easier for anybody because of race your insulting those races by inferring a ethniticity is too dense to hang wit da whiteys. If everybody gets the same study materials to go by it doesn't favor anybody. You either have it or you don't I would love to see examples of the parts they are saying are favorable to whites Reply
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anchower
Jun 30, 09 7:26 PM CDT
"And there is no firehose white version and firehose ethnic version." Not anymore, anyway.
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MarkFL
Jun 30, 09 9:21 AM CDT
Yes I would also like to see a copy of the test. Who gives out jobs based on multiple choice tests anyway? I hope my firefighters didn't get hired that way! Reply
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godawgs
Jun 30, 09 10:52 AM CDT
The promotion system in the military is based on a written test plus evals just like this the test that firefighters took. At least that is the way it was in the Navy.
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anchower
Jun 30, 09 7:26 PM CDT
I'm sure there's a written and a practical. Just like there is with doctors.
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