"The complaint, filed yesterday in the Middle District of North Carolina, alleges that the City’s uses of the written test called the Comprehensive Examination Battery (CEB) disproportionately exclude Black candidates from employment as firefighters. The department further alleges that DFD’s uses of the CEB are not job-related and consistent with business necessity, and thus violate Title VII."
The Justice Department announced today that it has reached a settlement with the City of Durham, North Carolina, to address concerns regarding the hiring practices of the Durham Fire Department (DFD). The department claimed that the DFD's use of a written test for firefighter applicants discriminates against Black candidates, violating Title VII of the Civil Rights Act.
Title VII is a federal law that prohibits employment discrimination based on race, sex, color, national origin, and religion. It not only addresses intentional discrimination but also employment practices that disproportionately affect protected groups, unless those practices are directly related to job requirements and necessary for business operations.
This settlement concludes a civil pattern or practice investigation initiated by the Civil Rights Division in February 2020. During the investigation, the division thoroughly examined DFD’s hiring methods, applicant data, and other relevant information.
The findings revealed that the written test used by the fire department failed to effectively differentiate between applicants capable of performing firefighter duties and those who are not. Furthermore, the test resulted in a significantly higher disqualification rate for Black applicants. Consequently, the department determined that the test is in violation of Title VII.
"The complaint, filed yesterday in the Middle District of North Carolina, alleges that the City’s uses of the written test called the Comprehensive Examination Battery (CEB) disproportionately exclude Black candidates from employment as firefighters. The department further alleges that DFD’s uses of the CEB are not job-related and consistent with business necessity, and thus violate Title VII."
A press release from the justice department, issued yesterday in the Middle District of North Carolina, claims that the City’s implementation of the Comprehensive Examination Battery (CEB) written test unfairly disadvantages Black candidates seeking employment as firefighters. The department also contends that the DFD's reliance on the CEB is neither relevant to the job nor aligned with business needs, thereby breaching Title VII.
Under the terms of the consent decree also filed yesterday, DFD will:
Adopt a written test that does not discriminate in violation of Title VII and provide data to the department on the administration of the new test to ensure compliance.
Pay $980,000 in back pay to applicants who were disqualified by DFD’s uses of the challenged test; and hire up to 16 applicants who were unfairly disqualified by the challenged test and who successfully complete the new firefighter selection process.
In May, WRL looked into the situation at the Durham Fire Department, which is facing a significant challenge with as many as 36 operational vacancies. The fire chief has pointed out that this issue is part of a larger trend seen across the country. An increasing number of firefighters are choosing to leave Durham, with some moving to different agencies while others are exiting the profession entirely.
The City of Durham announced on Monday that it has submitted a consent decree to the Department of Justice in order to settle the lawsuit brought before the U.S. District Court for the Middle District of North Carolina, as reported by CBS17.
“I am pleased that the DOJ’s comprehensive, four-year review confirmed no intentional discrimination in our hiring practices and that they are now working with us to develop a test that meets Title VII standards,” said Fire Chief Robert J. Zoldos II.
“Employers should identify and eliminate practices that have a disparate impact based on race,” said U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina. “The Justice Department will continue to work to eliminate discriminatory policies that deprive qualified applicants of a fair chance to compete for employment opportunities.”
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