U.S. District Court Judge Patti B. Saris ruled that the state of Massachusetts discriminated against black and Hispanic applicants for firefighter jobs by using exams that were unfair to minorities. The class-action suit was brought on behalf of all minority firefighters who took the 2002 and 2004 firefighters exams in hopes of joining fire departments in Boston, Lynn and other communities.
Saris said the state has continued to rank applicants based on how well they score on written exams that test cognitive ability, even though such tests were found discriminatory in the early 1970s. A 1974 federal consent decree ordered that a more fair exam be created. Massachusetts has failed over 30 years to create a more equitable exam for minorities seeking firefighter jobs throughout the state, despite court order to do so, the judge ruled.
"These cognitive examinations do not predict how quickly a firefighter can climb stairs with equipment or raise a ladder," Saris wrote in a 68-page decision in favor of four black firefighter applicants in Lynn.
The judge gave the lawyers for the four 30 days to propose a remedy. The state and the city of Lynn then will have 30 days to respond.
Lynn Mayor Edward "Chip" Clancy said his city has followed state Civil Service guidelines for hiring applications, and will continue to do so if the exam is changed.
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