Denver and Aurora fire departments don’t expect to make any significant changes to minority hiring and promotion practices despite a U.S. Supreme Court ruling that found white firefighters in Connecticut were discriminated against.
The two cities have struggled for decades to diversify the ranks of firefighters.
From 2000 to 2006, Denver did not hire any black firefighters. In Aurora, only 3 percent of about 300 firefighters are black.
In response to that, both cities have bolstered recruiting and mentoring efforts. Denver changed its testing practices, and since 2006, 11 black firefighters have been hired by the Denver Fire Department.
But Monday’s Supreme Court ruling could make it harder for cities to alter hiring and promotion policies — such as testing — in order to increase the numbers of minorities.
“I don’t think this should be or has to be the opinion that says you have to stop all those efforts,” said Kimberly West-Faulcon, a professor at Loyola Law School in Los Angeles.
But West-Faulcon said that if employers are going to change testing practices, then the reasons for those changes have to go beyond an attempt at fixing a racial disparity. Cities may be forced to show courts that testing standards needed to be changed, not just because they exclude black applicants, but because the tests themselves are faulty and unfair, she said.
Earl Peterson, executive director of Denver’s Civil Service Commission, said the city’s promotional and hiring tests are designed to be fair to all races.
“We achieve the highest standards when it comes to promotional testing,” he said. “We look at the diversity of the community and keep it a fair and competitive practice. We audit the results, and we are doing all the right things.”
Peterson said the diversity of the applicant pool directly affects the end results and that is why minority employee groups have begun mentoring fellow firefighters who want to rise through the ranks or enter the department.
Monday’s ruling will not stop those efforts, he said.
In the spring of 2006, Denver changed its firefighter tests from an academic focus to one that is situation-based. Peterson said the city wants to hire firefighters who can perform on-the-job tasks and not necessarily a recruit who is good at math. He emphasized that the testing changes did not lower standards.
“You really want people to have good common sensibilities,” Peterson said. “Police officers and firefighters have to make very good and sound decisions whether they are addressing a fire or arresting someone.”
In Aurora, Fire Chief Mike Garcia said he doesn’t think the ruling will reverse efforts to promote and hire minorities.
“We’ll take the opportunity to reflect on our practices to see if they are the best practices,” he said. “We want to be ahead of the curve and not reacting to a problem.”
Felisa Cardona: 303-954-1219 or fcardona@denverpost.com
