N.B. "Artificial Intelligence" [AI] is not used, in whole or in part, in the preparation of the summaries of the judicial and quasi-judicial decisions posted on this Law Blog.

July 31, 2012

Examination for Fire Lieutenant prepared by the New York State Department Civil Service held job related


Examination for Fire Lieutenant prepared by the New York State Department Civil Service held job related

In a Title VII suit against the City of Buffalo (City) claiming race discrimination in the administration of the 1998 and 2002 promotional examinations for the position of fire lieutenant, district court's judgment in favor of the defendants is affirmed where:

1. On plaintiffs' disparate impact challenge to the 1998 examination, the district court did not clearly err in finding that the defendant carried its burden to demonstrate that the examination's job relatedness by showing that the test derived from a valid statewide job analysis indicating the fire lieutenants across New York performed the same critical tasks required the same critical skills and in finding that the [New York State] Civil Service Department exercised reasonable competence in designing the examination and that the examination was both content related and representative;

2. On plaintiffs' disparate treatment challenge, the district court correctly concluded that plaintiffs could not re-litigate questions of job relatedness and business necessity decided against them at the bench trial of their disparate impact claims and that plaintiffs had not established a genuine material of fact that the City intentionally discriminated against African Americans by using the 1998 test results; and

3. On plaintiffs' Title VII challenge to the 2002 examination, the district court correctly relied on collateral estoppel to grant summary judgment in favor of the City because the only matters in dispute had been resolved in the earlier challenge to the 1998 examination and there was sufficient identity between the plaintiffs in both suits.

The decision is posted on the Internet at:

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Access to New York Public Personnel Law is currently being provided pro bono.

NYPPL Lawblogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; as Director of Research, Governor’s Office of Employee Relations; as Director of Personnel for the State University of New York System; and as Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor members of the NYPPL staff are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional. NYPPL's Email Address = nyppl@nycap.rr.com