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Unjust Hiring Practices in the Fire Department

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  • 03-05-2012, 11:48 AM
    FFCren
    Unjust Hiring Practices in the Fire Department
    My question involves labor and employment law for the state of: Florida

    According to Federal, State, and City laws/ordinances any selection for civil service positions should be conducted on the basis of merit and no other reason. With this being said, I am a White Male and have currently been on an eligibility list for hire with a Fire Department for approx. 3.5 years. Meaning I have sucessfully made it through all required testing and meet minimum certifications. In this period of time I have returned to school for more specialized certifications/degrees. I have obtained my Paramedic License as well as an A.A. Degree and an A.S. Degree in Emergency Medical Services. With Paramedic and A.S. Degree I feel that these are superior qualifications and due to the fact that the city pays an additional $5400 for Paramedic and $1800 for the Degree it seems as though they acknolwedge the importance of this education. My main grievence is that in the 3.5 years I have been on this list, I have personal friends of other races and genders with the same or even less qualifications than myself, hired and put through the academy. I also know that people are continuing to be added to this list which according to the city applicants should not be added unless there are inadequate resources to fill available positions, to which they have opened an additional 4 times before each hiring class. Two of my former coworkers who finished their schooling after I had, as well as applying after i was eligible for hire, were tested and certified eligible in approx. 2 months whereas this process took myself right at 6 months to become eligible. Both of these employees were hired within 4 months of the original application date. Once again I was not even eligible for 6 months, 2 months longer than it took them to be collecting a paycheck. If anyone could help with my case, whether there is a case or not.

    Thanks in Advance.
  • 03-05-2012, 12:24 PM
    flyingron
    Re: Unjust Hiring Practices in the Fire Department
    Your first problem is you are mistaken. There is no Federal NOR Florida law that limits civil service hiring to merit alone.
    I can't vouch for the unnamed city law.
  • 03-05-2012, 12:52 PM
    cdwjava
    Re: Unjust Hiring Practices in the Fire Department
    To add to the mix is the possibility of the presence of court rulings that might mandate integration efforts for the local fire department.

    When I first tried to get into law enforcement in 1989 and 1990 I was hit with the court-ordered integration hammer. I finished #1 on a handful of lists but was passed over each time. I was even told at one agency that I should not even wait around because I would not get selected due to court-ordered racial and gender integration within the agencies. Ultimately, these did not work as well as some might have thought, but these preferences (legal or not) continued for many years - and some still do, today. I was even denied an application with one agency at a law enforcement job fair because I admitted to the lady at the counter that I was a heterosexual white male!

    Unfortunately, unless you are willing to sign onto a major lawsuit, you are just going to have to wait. Test with other agencies. Don't limit yourself to one fire agency. Eventually someone will see what you have to offer and pick yu up regardless of your skin color. Yes, it is frustrating, but unless you can join with others in a major lawsuit, you are not going to make them change their hiring practices even if they might be acting on the margins of the law.
  • 03-05-2012, 01:34 PM
    Disagreeable
    Re: Unjust Hiring Practices in the Fire Department
    There was a similar quota lawsuit, which seems to be what you are alluding to. I suggest you Google for it.
  • 03-06-2012, 09:08 AM
    FFCren
    Re: Unjust Hiring Practices in the Fire Department
    According to Florida's recent (March 2011) Affirmative Action Guide the state itself has these placement goals.

    PLACEMENT GOALS
    Once the Incumbency to Availability Analysis is complete and underutilization has been
    identified, Placement Goals must be established for minorities and women. When setting goals
    keep these points in mind:
    1. Goals are objectives or targets that are reasonably attainable through “good faith
    efforts.”
    2. Goals may not be rigid and inflexible quotas, which must be met. Quotas, set-asides
    and preferences are illegal because these methods are contrary to EEO laws.
    3. Goals must be measurable and designed to eliminate possible employment
    discrimination.
    4. Goals may not be used to supersede merit selection systems. Affirmative Action
    programs do not require an appointment of a person who lacks the qualifications to
    perform the job, nor does it require preference be shown by hiring a less qualified person
    over a more qualified one.
    5. The placement goal must at least be equal to availability.
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