By Tim McGlone
The Virginian-Pilot
NORFOLK, Va. — A federal judge Thursday approved a settlement between Portsmouth and the U.S. Justice Department over claims that the city’s firefighter exam discriminated against black applicants.
Portsmouth has agreed to stop using the entry-level exam, hire 10 black applicants who scored poorly on the test and were passed over for jobs, and pay $145,000 to a group of applicants denied jobs.
The city did not admit wrongdoing but agreed with Justice Department findings that the test unfairly gave white applicants an edge over black applicants. The test had been purchased from an outside company.
After a two-hour hearing, U.S. District Judge Mark S. Davis said the settlement was “fair, reasonable, legal and in the public interest.” He noted that the agreement does not mean the city will now hire “unqualified” black applicants. New firefighters still will have to pass agility and polygraph tests and clear background investigations.
“It is in everyone’s interest that the city has a diverse work force ,” Davis said. “It encourages a sense of justice in our community.”
City Attorney Tim Oksman said a settlement was in the city’s best interest and will save taxpayer money by not taking the case to trial. “We were not dragged in here kicking and screaming,” he said. “Nor is it a rubber-stamp approval.”
A pool of applicants who scored at least a 60 on the reading portion of the old exam will be considered for the 10 slots. Between 2004 and 2008, when the test was given, applicants had to score 70 or better.
The city is researching companies to find a new test, Oksman said.
As of October, the city’s Fire Rescue and Emergency Service had 226 firefighters, about 12 percent of them black.
Portsmouth is the third Hampton Roads city to reach a federal civil rights settlement over police or fire entrance exams. Virginia Beach and Chesapeake have settled similar actions.
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