By JOHN HIGGINS
Akron Beacon Journal (Ohio)
Twenty-nine Akron firefighters — men and women, black and white — have sued the city over the most recent promotion tests given for lieutenant and captain, charging race and age discrimination.
The lawsuit, filed Friday in Summit County Common Pleas Court, has among its plaintiffs the president of the firefighters’ union, Phil Gauer, and Brenda Chapman, who was hired as the department’s first woman in 1985 and is African-American.
The suit contends that the tests for captain and lieutenant given by Pennsylvania-based E.B. Jacobs LLC in December 2004 had irregularities and deficiencies that led to the over-promotion of blacks to captain but the under-promotion of blacks to lieutenant.
Both tests was skewed in favor of younger firefighters, the suit contends.
The firefighters want new promotional tests and a court order requiring the city to cease promoting from the current eligibility lists and to turn over all testing materials to all candidates for promotion.
The suit seeks money for emotional distress and back pay from May 2005 for anyone who is promoted after a new test.
Two of the plaintiffs, Bradley Carr and William Howe, also have filed charges with the U.S. Equal Employment Opportunity Commission regarding the captain’s test. They have also asked the Ohio Supreme Court to order the city to turn over testing documents.
Jerry Elie, who is black, also has filed charges with the EEOC alleging race and age discrimination on the lieutenant’s test.
Court challenges to such promotion tests are common.
E.B. Jacobs promotes itsexpert-witness services on its Web site, saying, ``Given the depth and breadth of our testing and litigation experience, we are confident that our assessment design and processes conform to legal and professional best practices.’'