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New York Fire Department Agrees to Pay $98 Million to Settle Discrimination Lawsuit

Posted on March 18, 2014

NEW YORK  –  The City of New York will pay about $98 million to settle an employment discrimination lawsuit filed on behalf of blacks and Hispanics who applied for jobs at the city’s Fire Department, the U.S. Justice Department said today.

The city used two discriminatory written tests in 1999 and 2002 for black and Hispanic applicants that violated Title VII of the Civil Rights Act of 1964, according to officials.

“We commend the city for its commitment to rectifying past discrimination against qualified African-American and Hispanic firefighter applicants,” stated U.S. Attorney Loretta Lynch for the Eastern District of New York. “We look forward to a new era in which African-American and Hispanic firefighters are full and equal participants in the FDNY’s proud tradition of protecting and serving the people of the city of New York.”

 The lawsuit filed in 2007 stated that the New York’s Fire Department used two written tests that violated federal law by disproportionately screening out black and Hispanic job applicants, officials said.

Under the terms of the agreement in principle, officials said the  city will pay $98 million to those African-American and Hispanic victims of discrimination who filed claim forms and who have already been found eligible for relief by the court.

The method of distribution has not yet been determined, officials said.

In addition to today’s agreement in principle, the court has already ordered several changes to take place within the Fire Department to remedy the city’s discriminatory hiring practices.

In September 2012, the court approved the use of an entry-level firefighter exam, officials said.

As a result, for the first time in at least 15 years, New York’s fire department  is using an entry-level firefighter exam that accurately predicts which candidates will perform better on the job and complies with federal law, according to the Justice Department.

In May 2013, the U.S. Second Circuit Court of Appeals upheld on appeal to most of an order outlining changes that must be made to the Fire Department’s recruiting, post-examination hiring and Equal Employment Opportunities Office processes, and appointing a court monitor to oversee this reform.

In addition, officials said the court ordered the city to appoint up to 293 eligible applicants as priority hires to the Fire Department, provided that they take and pass all of the same tests and other steps in the hiring process as the other candidates for appointment with the Fire Department.

The first groups of priority hires joined the Fire Department  in July 2013 and January 2014, and additional priority hires are expected to join in July 2014.

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