The first step, once a potential applicant meets the minimum requirements, is the written exam. However, this written exam is held very infrequently. Cynthia Dizikes, Fewer Black Firefighters in the ranks, Chicago Tribune (Mar. 12, 2010). A majority of fire departments in Illinois are required to hold their qualifying exams approximately every three years. Id. However, Chicago is exempt from this requirement. Id. Chicago’s past three exams have been held in 2006, in 1995, and in 1985. Id. Statistics of candidates who sit for the test. As of 1995, African Americans represented twenty two percent of the Chicago Fire Department. Id. Since 2005 that percentage has decreased to approximately eighteen percent, though African Americans make up approximately thirty-four percent of the general population of the city. Id. “In 1995, blacks represented 36 percent of those who took the exam.” Id. However, only 2.2% of African Americans who took the test wound up in the highly qualified group, in comparison to 12.6% of whites who took the test. Lewis v. City of Chicago, 2005 U.S. Dist. LEXIS 42544 at *5 (N.D. Ill. Mar. 22, 2005). In contrast, 93.45% of whites and 72.3% of African Americans who took the test were considered at least qualified. Id. at *11 The 1995 required test and the beginning of Lewis v. City of Chicago. The test given in 1995 had a total possible score of 100. After the test was given, the City determined that a passing score was 65/100. Individuals with a score between 65 and 88 were determined to be qualified. Lewis v. City of Chicago, 2005 U.S. Dist. LEXIS at *6. Individuals who scored between 89 and 100 were considered well qualified. Id. In 1995, approximately 26,000 individuals took the written exam. Lewis v. City of Chicago, 2005 U.S. Dist. LEXIS at *5. As a result, on March 21, 1997, eight plaintiffs filed a class action suit against the Chicago Fire Department alleging the 1995 test had a disparate
Our country allows anyone who feels their right to be free from racial discrimination may seek justice in the court of law. Now we find white individuals bringing suit that they are being denied jobs that they qualify for. I ask, has Lewis v. City of Chicago and further litigation helped African Americans or hurt the purpose of their initial fight? Many would say it helped because litigation provided a voice to those who knew they could not act or speak for themselves. It hurt because now there is explicit law and the courts have the obligation to follow the letter of the law regardless of the plaintiff’s race. White firefighters fight for the same reason black firefighter candidates fought – they all took a test and that test led to some many demise. In 2002, the Adversity Net reported that ‘"Nine white firefighters won more than $2.3 million in back pay and damages because their scores on a lieutenant's test were lowered 16 years ago because the city wanted to promote minorities.’” In May, 2002, a federal jury decided that eight of the white firefighters had been injured because they would have attained the level of Captain if they were not passed over and at least three of them would have attained promotions to Battalion Chief after they sat for promotional exams. During the issue of entrance exams for firefighters, many blacks complained that the test were unconstitutional. Therefore, the “city lowered the scores of white firefighters to even the results of what was believed to be a racially biased test in practice called “race norming” – made illegal by the 1991 Civil Rights Act.” Once this test was challenged, a jury determined that the test was in fact fair and the city erred when they lowered the scores of white candidates. CONCLUSION What result did discrimination litigation have on blacks and white? Did it really help those who didn’t have a voice? Did it give more momentum to those who have always dominated – white