Opinion
No. 73 Civ. 201.
January 22, 1973.
Nickerson, Kramer, Lowenstein, Nessen Kamin, New York City, for plaintiffs; Maurice N. Nessen, Thomas H. Moreland, New York City, of counsel.
Norman Redlich, Corporation Counsel, New York City, for defendants; Leonard Bernikow, Paula Omansky, New York City, of counsel.
OPINION
This is a class action brought on behalf of all blacks and Hispanics who allege they have been excluded from jobs as firemen or have been deterred from obtaining promotions in the New York City Fire Department as a result of Civil Service examinations, job criteria and procedures promulgated by the Civil Service Commission and other agencies of the City of New York. Encompassed within those claims is the validity of a Civil Service list based upon a 1971 written entrance examination (hereafter Exam 0159). The charge is that Exam 0159 is discriminatory and violated the rights of plaintiffs and their class to equal protection and due process of law because it (1) did not fairly test the skills and qualifications necessary to be a fireman, and (2) discriminated in effect against black and Hispanic firemen applicants due to the low relative scores they achieved on it.
Plaintiffs state "[t]he term Hispanics includes all persons who come from homes in which Spanish was spoken and who were born or who are descendants of people born in Puerto Rico or any other Latin American or Caribbean country or territory."