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Change mulled for law that had firefighter taking exam hours after giving birth
By LEIGH HOPPER
The Houston Chronicle (Texas)
The law that forced Houston firefighter Beda Kent to decide between taking a career-advancing exam 12 hours after giving birth or postponing promotion to captain for two to three years could be revised by the Texas Legislature next year, local lawmakers said Friday.
Kent checked herself out of the hospital Wednesday morning so she could take the test with 500 of her peers.
“When I was in the Fire Department, there was only one female, so we weren’t looking at issues like that. But now you have to,” said Sen. Mario Gallegos, a retired Houston firefighter.
At issue are state civil service regulations requiring firefighters to take promotional exams at the same time, in the same place. The only exception is for active military personnel, who are allowed to take a different test at a later date. That exception was created by lawmakers in 2003 for police or firefighters who serving Afghanistan or Iraq.
Because of the unbending rules, Kent first tried to deliver early, then took to her bed in hopes of delaying the birth until after the test. The Houston Professional Fire Fighters Association union negotiated on her behalf, to no avail.
In the end, Kent left her baby girl in the hospital and, steeling herself with Motrin, went to the George R. Brown Convention Center to take the test. She scored 104 out of 110.
Kent won plaudits from some of her peers, but she and Houston Professional Fire Fighters Association President Roland Chavez questioned why some accommodation could not be made, such as sending a proctor to the hospital to administer the test.
State Sen. Rodney Ellis, D-Houston, pledged to address the issue “and possibly include some general medical condition waiver language so that people with medical conditions are not put in a position of having to forego the test. I will work with my Senate colleagues to make sure that the Texas law does not unfairly discriminate.”
Thursday, a University of Houston Law Center professor suggested the state law may violate federal anti-discrimination laws, particularly since an exception is made for one group of people - active military - but no others.
“How reasonable is it that people who are prepared months and months and then a last-minute medical situation can keep them from it?” asked Terese Floren, executive director of Women in the Fire Service Inc., a 1,000-member advocacy group in Madison, Wis. “Is that serving the public interest in helping us select the best candidates?”
But no one is sure how to accommodate firefighters such as Kent, or firefighters who fall ill or are injured in the line of duty just before a promotional exam, and maintain the integrity of the test.
Cheating is of utmost concern because so much is at stake. The captain’s test Kent took is given once every two to three years and is required for those who want to advance in rank. Firefighters study for four months, essentially memorizing the contents of five books, to prepare for the exam.
During the test, dozens of proctors roamed the aisles to prevent cheating. Security cameras watched overhead as test-takers sat facing forward in assigned seats, two to a table, with administrators positioned on an elevated stage.
Chavez said the union will push for legislation to update civil service rules. The issue also could enter into the union’s next round of contract negotiations, in 2008.
“I believe a legislator will pick this up and run with it,” he said. “It’s obviously something to investigate.”
In the meantime, the International Association of Fire Fighters plans to address the issue at its national conference on diversity Jan. 26-29 in San Antonio.
“I’m absolutely positive we’ll be talking about it,” said Jeff Zack, spokesman for the national firefighters union.