More Activity In FDNY Race Discrimination Case

The FDNY race discrimination case that has held up hiring for nearly five years continues to grind toward resolution with two rulings last week. On Tuesday U.S. District Judge Nicholas Garaufis issued an order to lower the application fee from $54 to $30, “in order to encourage a more diverse pool of applicants”.

On Wednesday, Judge Garaufis ruled that FDNY must require applicants to state their race, ethnicity and gender on their applications in order to determine if the testing process discriminates. He wrote “[I]t is incumbent on the court to verify that the city’s current hiring practices comply with the requirements of federal and state antidiscrimination law and the collection of exam applicant demographic data will be critical to fulfilling that obligation.” The city’s plan would have allowed applicants to withhold demographic information.

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About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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