Why This Challenge...Merit Matters Vs.

The Garaufis Decision

The Center for Constitutional Rights (CCR), the FDNY Vulcan Society leadership and numerous firefighting consultants and testing experts have argued that reading comprehension is NOT essential to firefighting.

They are wrong.

It is NOT merely the opinion of Merit Matters that they are wrong, we KNOW they are wrong, because we KNOW that contemporary firefighting requires massive amounts of reading - CFR-D, Hazardous Materials training, not to mention Tactics and Procedures, FDNY Rules & Regulations, Training Bulletins, Safety Bulletins, FDNY Evolutions, even the basic reading required to competently conduct a required housewatch and a high level of reading comprehension. We also firmly believe that the existing standards are far too low, as it is. They are, without question, significantly lower than those of the Exams of the 1950s and 1960s! The CCR and the FDNY Vulcan Society leadership have argued, and Judge Garaufis, among others have agreed that standardized written exams

(even the 1999 and 2002 Entrance Exams calibrated to Grammar School reading levels) discriminate against black candidates.

They are wrong on that score, as well.

Until the 2007 Entrance Exam, despite over $20 MILLION spent on targeted recruitment, LESS than 10% of the FDNYs applicants were Non-Latino blacks. That is NOT surprising considering that the vast majority of the Volunteer Fire Departments in the predominantly minority areas around the city (places like Wyandanch, Hempstead, West Islip, etc.) are virtually all white. Moreover, the fact that numerous non-Latino blacks have done very well on these same exams deemed discriminatory, proves that high standards, in and of themselves DO NOT discriminate against any ethnic group. As noted above, the existing standards BEFORE the 2007 Exam (#6019) were far too low and were significantly lower than those of a generation earlier. Lowering standards is designed to deliberately discriminate against higher caliber applicants, by making it impossible for them to stand out. This amounts to an end run around the merit system by offering exams designed to have as many applicants pass, rather than ones that allow the highest quality applicants to stand out.

The CCR, the FDNY Vulcan Society leadership, Judge Garaufis and many outside consultants have asserted that lowered standards DO NOT adversely impact the quality of a given workforce.

Yes, they are wrong on THAT, as well.

Lowered standards degrade the ultimate quality of every workforce theyre applied to. Moreover, while high standards CANNOT be proven to discriminate against any specific ethnic group, lowered standards are designed to deliberately discriminate against high caliber applicants from all backgrounds. The CCR and have argued have agreed should look the FDNY Vulcan Society leadership and Judge Garaufis, among others, that, New York Citys agencies like New York City.

Wrong again!
Merit Matters understands that individuals differ in terms of in terms of interest and aptitude across a very broad spectrum and that people gravitate toward those jobs they have an interest and aptitude for and that often results in workforces that do not reflect the communities such agencies serve. As an example a detailed look at both New York Citys (NYCs) and the New York City (NYC) Municipal workforce demographics (which Merit Matters documented here:

http://meritmattersusa.blogspot.com/2010/08/stil l-another-racial-double.html) shows that the ONLY ethnic group that is over-represented by more than 10% their numbers in NYCs Municipal workforce is non-Latino blacks, who comprise just 23% of NYCs population, BUT a whopping 36% of its Municipal workforce. The fact that not many Asians, Hispanics and whites apply for various agency jobs is immaterial. That same situation existed for the FDNY for decades. The answer seems to be citywide targeted recruitment for ALL underrepresented groups per agency. There are at least 7 NYC agencies that are even more ethnically imbalanced than is the FDNY. Merit Matters will support any city agencies disparate workforce so long as the testing process is open to all and the same criteria/standards are applied to all applicants equally. Merit Matters is NOT an ethnic advocacy group. Merit Matters DOES NOT oppose Asian, black, Hispanic or white applicants on the basis of background and merely expects that ALL applicants be free to compete on the SAME standards. Neither does Merit Matters advocate for either more or less members from any specific ethnic group in the FDNY, nor within the New York City Municipal workforce overall. Ethnic background should NOT be a factor in consideration for employment in any venue.

We also firmly believe that lowering and/or segregating standards in the name of ethnic diversity stigmatizes the intended beneficiaries of such tactics. The FACT is, HIGH standards DO NOT discriminate against ANY ethnicity. There have been many exceptional black firefighters and Fire Officers that weve worked with who not only met, but exceeded the standards of the day. It is an absolute insult to link lowering standards, eliminating reading comprehension (the Garaufis Decision claims that reading comprehension is NOT essential to firefighting) and/or segregating standards via quotas or preferential policies to helping get more black applicants onto the FDNY! Lowered standards make it impossible for higher quality applicants from ALL backgrounds to stand out and thus discriminates AGAINST those higher caliber applicants and in FAVOR of lower caliber applicants from ALL backgrounds. And finally, the CCR and the Vulcan Society leadership have argued and Judge Garaufis and others have agreed that race-based preferences, even outright quotas DO NOT violate the Constitutional principles of equality before the law and equality of opportunity.

On this, they couldnt be more wrong.

Preferences for any group, for any reason, violate the right to equality of opportunity AND equality before the law of all those who are not given such preferences. The 14th Amendment guarantees equal treatment before the law for ALL citizens (All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.) Equality of opportunity was merely meant to guarantee that all be subject to the same standards and criteria. It does not recognize, for instance, the advantages that better educated applicants might have over less well educated applicants, more well-read applicants over illiterate ones, etc. It merely gives all applicants the right to be assessed on the SAME set of criteria...the SAME set of standards. Clearly race/gender-based preferences violate those basic and very core Constitutional principles. This is why Merit Matters has and will continue to challenge the Garaufis Decision...because it is fatally flawed and fundamentally wrong.

JMK