Chicago Lawyers' Committee For Civil Rights Under Law - Lewis Firefighter Case

Lewis Firefighter Case

The Chicago Lawyers’ Committee filed a lawsuit in 1998 which argued that the Chicago Fire Department's use of a very high cut score on the 1995 firefighter entrance exam discriminated against African Americans. They filed the case on behalf of African Americans who scored between 65 and 89 on the test. There are nearly 7,000 African Americans in the plaintiff class.

In 2005, Judge Gottschall ruled in favor of the plaintiffs, and found that the city’s use of the 89 cutoff score on the test was discriminatory, on several counts. The plaintiffs alleged that the very high cutoff score of 89, as compared to the 65 cutoff score that had previously been stated, had a disparate impact to discriminate against African Americans, since 78% of candidates above the cutoff were white. In the ruling, Judge Gottschall held that the City had not shown that the test effectively measured the skills it was supposed to measure, like the ability to learn from demonstration. Consequently, performance on the 1995 test did not predict performance in the Fire Academy or on the job.

This case has continued to be appealed, eventually reaching the Supreme Court, who ruled in favor of the plaintiffs in May 2010. The case was then sent to the Seventh Circuit Court of Appeals, where the City argued that plaintiffs failed to prove race discrimination when each hiring class is reviewed separately. During May 2011, the City’s argument was rejected, representing a final victory for the plaintiffs on the merits of the case.

Ultimately, 111 class members will be hired as firefighters. Seniority will be awarded to these new hires, dating back to 1995, as well as back pension contributions. Class members who are not hired as a result of this ruling will be compensated for this discrimination at least $5,000 per person. In total, the City of Chicago is liable for up to $50 million in reparations, as well as an additional $500,000 in lost wages for every additional month that legal activity continues.