By Fran Spielman, The Chicago Sun-Times
CHICAGO — Chicago taxpayers would be off the hook for as much as $100 million thanks to a federal appeals court ruling in the city’s favor Wednesday tied to a 1995 firefighters entrance exam.
The ruling from the 7th Circuit U.S. Court of Appeals also means that 132 would-be black firefighters would not move to the head of the class
The ’95 exam was drafted by an African American with an eye toward diversifying the Chicago Fire Department. When results for minorities were disappointing, the city established a cut-off score of 89 and hired randomly from the top 1,800 “well qualified” candidates.
The suit was filed by black would-be firefighters.
In 2005, U.S. District Court Judge Joan Gottschall ruled that the city’s handling of the exam had the effect of perpetuating the predominantly white status quo, since 78 percent of those ''well-qualified’’ candidates were white.
Two years later, Gottschall ordered the city to pay damages that amounted to $28 million to bypassed black candidates if they were moved to the head of the class and as much as $100 million if they were not.
On Wednesday, the appeals court tossed out the lawsuit on a technicality -- that it was filed too late.
Law Department spokeswoman Jennifer Hoyle said the ruling means Chicago taxpayers are off the hook for damages and bypassed black candidates will not be moved to the head of the class.
Hoyle acknowledged that the city’s handling of the ’95 exam had a “disparate impact” on African Americans.
“While the appeal was pending, we offered to settle the case, drop our appeal and make 132 hires. Ultimately, what we couldn’t agree on were damages and attorneys’ fees. Now, they don’t get anything. This is the end of it,” she said.
Matt Piers, an attorney for the plaintiffs, could not be reached for comment.
Last year, he called Gottschall’s stay “inappropriate” and “disappointing.”
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