Judge tosses firefighter bias suit

10/02/2006

William Kaempffer , Register Staff

NEW HAVEN — A federal judge has thrown out a civil rights lawsuit filed by a group of 20 mostly-white firefighters claiming they were denied promotion because of reverse discrimination. In a 48-page decision, U.S. District Judge Janet Bond Arterton has granted a request by city attorneys for a summary judgment, finding based on legal precedent that "there is a total absence of any evidence of discriminatory animus towards (the) plaintiffs."

The plaintiffs claimed they were discriminated against because of their race. Nineteen are white and one is Hispanic.

Corporation Counsel Thomas W. Ude Jr. applauded the decision, saying it will allow the city to start planning for new line-officer promotions in the fire department, which have been in legal limbo since 2004.

"We’re are pleased that the judge ruled in our favor and we look forward to moving forward with the civil service process and looking at future promotional (exams)," he said. "This case has sort of put things on hold."

Karen Torre, the attorney for the firefighter plaintiffs, however, blasted the ruling as "deeply offensive" and vowed to appeal "all the way to the U.S. Supreme Court if necessary."

"The court had undisputed evidence of the extraordinary credentials and competence of these 20 men denied promotions to command positions because they are Hispanic and white," she said. "The ruling displays a shocking disregard for the safety of the public and firefighters in a post-9/11 society, especially given the city’s admission in court that the exams were job-related and valid."

There are roughly 20 collective vacancies in the ranks of fire lieutenant and captain, but no new promotional exams were being considered because of the litigation.

The decision was a major victory for the city in connection with a divisive case involving two promotional exams and angry public hearings that stoked racial tensions inside the fire department.

In late 2003, the city conducted promotional tests for fire lieutenant and captain in which whites achieved almost all of the highest scores. In early 2004, Ude and other city administrators, during a series of contentious public hearings, urged the civil service commission to throw out the results because too few minority firefighters would have been in line for promotion, opening up the city to a civil rights lawsuit by minorities.

The exams were rejected and a group of 20 mainly white firefighters who believed they would have been promoted filed their own lawsuit claiming their rights were violated because of race-based politics.

In legal documents and oral arguments in federal court, they asserted that the city lobbied the Civil Service Commission not to certify the exam results, not out of altruistic concerns about racial disparities, but instead to appease minority voters and African-American political power brokers in the city.

The city administration dismissed those allegations and stated it was trying to do the "right" thing, however difficult.

In her decision, Arterton concluded the city’s motivation to avoid making promotions that would have a disparate impact on minorities, even with political undertones, does not constitute discriminatory intent against the white and Hispanic firefighters.

In fact, she concluded, all firefighters were treated equally.

"All the test results were discarded, no one was promoted, and firefighters of every race will have to participate in another selection process to be considered for promotion," she wrote.

During a series of fiery public hearings, a group of minority firefighters claimed the exams were inherently unfair and should be thrown out. A group of white firefighters countered that the people who scored higher did so because they studied harder and not because of some bias.

Firefighter Frank Ricci, the lead plaintiff in the case, Saturday decried the decision as "grossly irresponsible," which as he read it, "smacks more of liberal politics than the rule of law."

"This judge penalized us for getting an education and studying hard to master the scientific and tactical knowledge needed to protect the public," he stated. "I never thought I would see the day when a federal judge would deny me advancement in my profession because of my race and be so cold about it."

Not everyone in the fire department shared the opinion.

Lt. Wayne Ricks, president of the Firebird Society, said he was "happy with the outcome" and hoped the department would move forward.

A lot of money — union fund, taxpayer money — was spent unnecessarily in litigation, he said.

"I can’t wait until the final word is said and this whole thing is over with," Ricks said. "Let’s put it in the hands of the courts and hopefully the system will prevail in the right way."

There is no timetable yet for conducting new promotional exams, Ude said.

William Kaempffer can be reached at wkeampffer@nhregister.com , or 789-5727.