Judge rules that FDNY test discriminates against blacks

On Wednesday a federal Judge ruled that the New York City Fire Department intentionally discriminates against black candidates. District Judge Nicholas Garaufis, who was nominated by Bill Clinton, claimed that the tests the FDNY has been using are biased against blacks and minorities. He wrote: “These examinations unfairly excluded hundreds of qualified black applicants from the opportunity to serve as New York City firefighters.”

None of the stories that I’ve read about this decision explain how the tests are discriminatory. How exactly does a test discriminate? Once a person meets the basic requirements to take a test, whether it’s a test to become a CPA, a licensed real estate broker, or a firefighter, it’s up to the individual if they pass or fail.

The fact that Blacks make up only about 3% of the FDNY seems to bother a lot of people - including Judge Garaufis. I never heard of anyone who was saved from a fire by the FDNY complain about the skin color of the firefighters. Anyway, the Judge noted that blacks in the FDNY fall well short of “other uniformed services.” Does that mean that the tests for those other uniformed services are fair and unbiased? Does the validity of a test now depend on who passes and who fails?

The lawsuit was originally brought by three people who evidently failed the test, and the Vulcan Society, an organization comprised of black NYC firefighters. The Vulcan Society has stated that they would like 60% of all new hires to be black or Hispanic.

This ruling asks the city to come up with a remedy, or a court ordered remedy may be imposed. Can anyone say Racial Quotas?

I can’t give you the official numbers, but anyone who lives in NYC can attest to the fact that a vast majority of NYC traffic agents are black. Is that exam somehow biased against whites? I don’t believe that; I just believe that a greater number of blacks want those jobs as compared to whites.

I have my own theories as to why there aren’t too many black firefighters in NYC. I believe that one of the reasons is that more whites want the job as opposed to blacks. More white applicants lead to more white firefighters – it’s simple mathematics. For many middle class whites being in the FDNY is a family tradition. There are still many second and third generation firefighters in the department. I believe that there are other cultural and socioeconomic reasons for the disparity, but I prefer keep those theories and opinions to myself.

For those people who believe that race-based quotas are good for society, be careful what you wish for. One day you may find yourself or a family member in emergency surgery under the scalpel of a surgeon who made it through medical school because a judge decided that a medical exam was biased or some quota needed to be filled.

A year ago today, US Airways flight 1549 made what some have called a miracle landing in the middle of the Hudson River after its engines were damaged by birds. When all of the 155 passengers walked away from the potential disaster, I’m quite sure that they didn’t think about the racial, ethnic, or gender disparities among US Airways pilots. Instead, they probably considered themselves very lucky to be flying on a plane piloted by a top-notch pilot by the name of Chesley “Sully” Sullenberger.