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40 who failed Va. firefighter exam to split settlement

The Justice Department determined that the reading portion of the test gave whites an advantage over blacks

By Tim McGlone
The Virginian-Pilot

NORFOLK, Va. — Forty people who took and failed the Portsmouth firefighter entrance exam will split $145,000 in a settlement with the Justice Department over claims that the exam discriminated against black applicants.

In U.S. District Court on Thursday, a judge signed off on an agreement to pay the 40 test-takers roughly $1,400 to $5,400 each, the equivalent of back pay based on when they took the exam. Those who took the test in 2004 will receive larger sums than those who took it in subsequent years.

The city agreed to the settlement last year but admitted no wrongdoing. It relied on a test that was purchased from a private company.

Since then, the city and the Justice Department ironed out exactly who would receive payments and be eligible for hiring.

The Justice Department determined that the reading portion of the test gave whites an advantage over blacks.

A pool of 70 applicants who scored at least a 60 on the old exam, as opposed to the passing grade of 70, were ruled eligible for payment.

But of the 70, only 40 responded to letters telling them they were eligible for an award. Of those 40, 20 were found to be eligible for priority hiring, based on requirements such as age and having a valid driver’s license.

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