Firefighter Employment Scenario
John Lucas, Fire Chief: When I found out that Doug and Sam’s names haven’t been put on the certification list yet, I got a little worried. These two guys are some of our best. They grew up together; they joined the department together. They had the top two scores.
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Patrick Douglas, Firefighter: Sam and Doug were talking about this promotion and how they were waiting for word to come down from the city. He was acting pretty cool about it but I know that it means a lot to him. He is super competitive especially when it comes to Sam. Back in the day in high school when Sam was chosen as Valedictorian, Doug got Salutatorian. When the tested to get on the department, Doug had the top score and Sam came in second. They were even competing to see who could complete their degree first. Doug was pretty excited when he was able to complete his degree first.
Brandon Carter, Firefighter: Sam told me that he had not heard anything yet but he was counting on that promotion. He had just gotten married over the summer and wanted to start his family, wanted a house, kids, picket fence and all of that. It’s tough to find a spot in a nice neighborhood on what he makes now.
John Lucas, Fire Chief: We’re still waiting on the city to know whether or not we’re gonna add Doug and Sam’s names to the certification list. I really hope they do. I’d really hate for this thing to become a distraction. We’ve got guys from all different backgrounds. When you’re running into a burning building, your skin color doesn’t matter. We’re all brothers here.
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Both firefighters passed the exam and earned the first and second highest scores, respectively. Now they wait to hear whether they’ve been added to the certification list. Only Firefighters whose names are on the certification list are eligible for promotion.
The city of Davis refused to add Doug and Sam’s names to the certification list, citing inadequate numbers of minority candidates being in line for promotion from the testing. Doug and Sam filed a claim of racial discrimination at the EEOC under Title VII of the Civil Rights Act.
In its defense, the City claimed that adding Doug and Sam’s names to the certification list would have subjected it to liability to minorities for “disparate impact.” In response Doug and Sam pointed out that the Department enjoyed generally harmonious race relations, and that no prior, credible claim of discrimination had been filed against it in several decades.
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