The Virginian-Pilot
©
PORTSMOUTH
The city has settled a racial discrimination lawsuit contending that a test used to hire entry-level firefighters rejected a disproportionate number of African American candidates.
The agreement is the latest result of a series of investigations the U.S. Department of Justice has conducted into discriminatory hiring around South Hampton Roads. A similar inquiry into the Portsmouth Police Department has been closed without action, a Justice Department spokesman said.
As part of the fire department settlement announced Wednesday, Portsmouth will no longer administer the written entrance exam the Justice Department found discriminatory.
Since 2004, the test has been administered four times. White applicants passed at a rate of 85.9 percent, while the rate for African American applicants was 42.4 percent, according to documents filed Wednesday in federal court in Norfolk.
Had African Americans passed the exam at the same rate as whites, 86 more African American applicants would have remained under consideration for entry-level firefighting positions.
The city also agreed to put $145,000 into a settlement fund to award back pay to African Americans affected by the city's use of the examination. Those applicants may also receive priority in future hiring.
Portsmouth also will hire as many as 10 eligible African American claimants as firefighters.
"We are grateful that the City is working with the Department to ensure every applicant has an equal opportunity to serve as a firefighter," Dana J. Boente, acting U.S. attorney for the Eastern District of Virginia, said in a news release.
Portsmouth City Attorney Tim Oksman wrote in an e-mail that the city was "very pleased" to reach the agreement with the Justice Department.
"It will increase diversity within our workforce - a goal we all support - and it will do so in ways that do not diminish professionalism, and at a very acceptable cost," Oksman wrote.
Fire department Interim Chief Beck Barfield did not return a call seeking comment Wednesday, and a representative of the Portsmouth firefighters union did not respond to a message.
The settlement is subject to approval by the federal court.
Portsmouth is the third local city to become the subject of a civil-rights inquiry.
In 2006, the Justice Department determined that Chesapeake and Virginia Beach discriminated against black and Hispanic applicants on the math portion of their entrance exams. Both cities also reached settlements with the Justice Department.
In May 2007, the Justice Department informed Portsmouth of the agency's discrimination investigation into the police and fire departments.
According to court documents, as of Oct. 7, 2008, Portsmouth employed about 226 firefighters. Just over 12 percent are African American. Meanwhile, the city's civilian labor force is more than 45 percent African American.
The city used a written exam called the National Firefighter Selection Test as part of the screening process, according to the complaint.
While African Americans made up about 29 percent of the applicant pool, they represented only 17.9 percent of the applicants who passed the test, according to the complaint.
Jen McCaffery, (757) 446-2627, jen.mccaffery@pilotonline.com

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Dangerous Move Ptown
Just think about this, if you are having a medical emergency who do you want to administer your medicine. Someone who knows what 2+2 is or someone who got to slip past the test. This could be a life or death situation for you if someone gives you the wrong dose. Better hope you don't get hurt in Portsmouth and if you do ask if the person passed the test before they stick the needle in you!!!!!! By the way I have the greatest respect for all PPD and PFD who have already done this test and passed. The race card wins again and for what. I think if I were african american I would be ashamed. I guess once Virginia Beach dumbed down everyone is going to fold to.
Poorly Written Test??
I looked over the test. The test makes you THINK, real time situations. The test is the same for everyone - equal. Everyone is not the same, not equal. Did they check into the upbringing/education/environment of these people who passed and didnt pass? Why is the race card the first to be played? It is unbelievable to dummy down a test because certain people cannot pass a test. Why dont we all just become doctors and lawyers and teachers! Forget education, forget standards, lets just give out some jobs! Are we saying that it is EASY to be a firefighter? It is not! You just dont pour water on fire! Poorly written tests, I love that excuse!
Help them to get up to Standards
I believe in equal rights by all means. However, I also believe in keeping good standards especially when you're looking at police or fire fighters. The safety of the community depends on them meeting certain standards. When those standards are lowered or all together neglected in the name of affirmative action, then we all lose something. I would think instead of asking why the majority of white applicants passed while the majority of african american who took the same test failed that there being a bias, maybe it is because our great education system has failed them. I have no problem with anyone doing those jobs but I do expect that they are competent and can live up to certain standards. I would be for a remedial program to bring the ones who need extra help up to standards but don't lower the standards to include them. The US Navy had (and may still have) a great program called boost to help minorites to go to college and get up to standards to become officers without having to lower the standards of the officer corps. The civilian world could learn a lot from them.
You can thank NAACP,ACLU & Affrimitive Action
You have to understand the Justice Department was the organization that told the City of Portsmouth to change the test. This was not the City of Portsmouth idea. If minorities think this is an insult, then you need to tell your state representative enough is enough. You can also thank the NAACP, ACLU and the affirmitive action clause for keeping racial hate alive and well in this country. I hope everyone likes the idea of the ACLU being funded by our tax paying dollars. Anyone left with a shred of education, look up the origins of the ACLU. They hate freedom and hate America. The organization is not for anyone but themselves. Their idea of causes is to attack religion, indoctriniate our children to homosexualty and pushing that to begin now in elementary school. Children are too young at that age for that kind of stuff. They champion things of that nature and expect to force their way of thinking right down your throat. Everytime someone does not get their way, or gets arrested or shot and killed the race card raises its ugly head. Don't you worry citizens of Portsmouth that will open the door for affirmitive action for the fire department. Advancement and promotion will not be bas
*SHRUGS*
Just another case of dumbing down the system to appease the so called minority. It won't stop until someone with an education of a 9th grader is elected Chief Of Police!
Don't You Love Living In Portsmouth
Amazing............Another $145,000 wasted....Nice to know that if you have a home emergency and live in the City of Portsmouth, the responding firemen or police officers may not be able to find your home because he cannot read street signs, a map or knows how to use the communications equipment he has use of! Also, I wonder if the the failing applicants had to file a lawsuit to get their drivers liscences?
If
you think educational troubles and started with No Child Left Behind then you are either too ignorant or too young to know anything about the educational system in this country. Long before there was No Child there was ebonics, whole language, new math, creative thinking, etc., etc., etc., all failures in mass education.
Keep listening to the whiners in the education establishment and watch as more and more of our young people are incapable of even the barest semblance of responsibility, ambition, ingenuity and ability.
elsie-eye
Here's a link to an example of the test:
http://www.fireprep.com/free_50_question_firefighter_p.html
It's not the test, it's you
When are we going to stop hearing about how tests designed to measure simple math, reading, and communications skills are "discriminatory" simply because a small group can't pass them? Being a firefighter, a police officer, or any other kind of public safety officer requires the skills on this test - that's why it exists in the first place. A firefighter who can't read or communicate effectively can get people killed. 2 plus 2 still equals 4 regardless of whether you're black, white, or purple with chartreuse polka-dots, so if you want to be a firefighter or whatever, buckle down and STUDY rather than expecting to get your way by whining "unfair".
Ever hear of studying?
You bet the test is designed to eliminate candidates, if someone doesn't have enough heart and dedication to study for the test, perhaps they don't have what it takes to be a firefighter. Firefighting takes heart, commitment and dedication, it's not for everyone regardless of race, color, creed. I know if I'm in trouble I want someone responding who wants to be there, who fought to get there, and whos capable of doing what needs to be done. Public service is not an arena to apply the "all play" rule. We don't need to lower standards, we need to bring people up to standard. Its called work because its work! Stop whinning!!!