Safety Forces

Historically, minorities and women have only moved forward through the ranks of safety forces through litigation -- sometimes, not even then. Most municipalities utilize cognitive testing (i.e., multiple-guess-type examinations) in the hiring and promotional process. Yet, statistics have proved there are wide cultural and race group differentials on such tests – particularly where cognitive test scores are inordinately relied upon to the detriment of true assessment centers, considerations of merit on the job, etc.

Recently, Age Discrimination in testing also became a viable forum. As firefighters and officers age and near pension or Deferred Retirement Option Plans (“DROP”), which most cities and/or states provide, tests can also reflect hidden bias in written tests and unrecorded oral tests that affect age. Tests also can have an adverse impact on Whites if tests are poorly constructed.

Indeed, in their most recent trial, Thompson & Bishop proved that two examinations by E.B. Jacobs, an Industrial Psychology (“I.O.”) testing firm adversely affected Blacks, Whites, and persons over 40 years of age. See Representative Cases. This is the sign of poor test construction, pure and simple, involving two examinations (Lieutenant and Captain).

If used alone or given excessive weight in promotions, such tests are inherently suspect and often result in promotion of personnel who are not the best qualified for the job, as discussed in more detail below.

Thompson & Bishop has a proven track record in safety-force representation, including large groups, disparate impact in promotional testing, BELOW, Disparate Impact Testing, employer hostile environment harassment, employer retaliation, and much more.

As part of our service, we are setting up a periodical guest column on issues affecting you, including Fireside Chat (featuring prominent or involved fire personnel on employment issues). Please note that the views are invited and may not reflect the personal beliefs of the attorneys. The goal is to get a broad perspective – but one that assists you as an expert in safety, used to daily placing your life into your hands to help others.

To submit or suggest a column: Each column must deal with an important aspect of testing or litigation. Any column submissions should be limited to 750 words and your personal information, including all contact information. Submit photo, if possible, as well as all information on your department profile for publication (e.g., ranks listings in the department, percentage of African-Americans, Hispanic, Female, etc., as well as any city/urban demographic information for comparison. You may request this information not be included in a "department profile."