Judge Finds Prima Facia Evidence of Discrimination in Jacksonville

A US District Court Judge has found that the Department of Justice has successfully established a prima facia case of race discrimination against Jacksonville (FL) Fire Rescue in regards to their promotional process.

On Tuesday, District Court Judge Timothy J. Corrigan concluded that the DOJ established “statistical evidence of a kind and degree sufficient to show that the practice in question has caused the exclusion of applicants for jobs or promotions because of their membership in a protected group.”

The DOJ brought the case in 2012 alleging that the department’s promotional process discriminated against African Americans. After reviewing statistical evidence, Judge Corrigan concluded that the evidence showed a disparate impact in nine of the ten tests in question.

The ruling is not the end of the case. Now that the DOJ has established a prima facia case, the burden shifts to the city “to establish that the challenged employment practice serves a legitimate, non-discriminatory business objective.” If the city is successful, the DOJ “may still prevail by proving that an alternative, non-discriminatory practice would have served the defendant’s stated objective equally as well.”

Here is a copy of Judge Corrigan’s order: US v. Jacksonville-order

More on the story.

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.
x

Check Also

Court Refuses to Dismiss Due Process Demotion Case

A Wisconsin fire captain who was demoted in 2021 when the city reorganized its promotional process, got a mixed decision in his federal court lawsuit. Richard Haffner claims that Fire Chief Joshua Bell, the City of New Richmond, and the City’s Police and Fire Commission violated his due process rights by removing him as a captain without cause or a hearing.

UK Parliament Questions Fire Service Leader on Institutional Racism Claim

As have many fire departments in the UK and Canada recently, the Dorset and Wiltshire Fire and Rescue Authority has been in the news relative to allegations of institutional racism and sexism. However, when questioned by Lee Anderson, a member of parliament, the chair of the Authority, Rebecca Knox, was unable to answer some relatively simple questions about the decision to label her organization “institutionally racist.”