City of Durham settles DOJ lawsuit alleging unintentional discriminatory hiring practices by Durham Fire Department

The City of Durham announced a settlement agreement Monday with the U.S. Department of Justice following allegations of unintentional discrimination against “African American applicants” in the Durham Fire Department’s hiring process for entry-level jobs.

Since 2015, the DFD has used a standardized written exam called the Comprehensive Examination Battery, created by Fire and Police Solutions, Inc. The DOJ alleged that the use of the CEB — which it deemed not “consistent with business necessity” — caused a disproportionate number of Black applicants to fail and not advance in the hiring process, thus violating Title VII of the Civil Rights Act of 1964.

The City of Durham denies the Title VII violations, but “welcomes the opportunity to work cooperatively with [the] DOJ to resolve the allegations.” 

The agreement includes replacing the CEB with a new test that “meets Title VII standards” and establishing a $980,000 fund that will be distributed to Black applicants disqualified through the CEB who met the minimum qualifications at the time.

Additionally, 16 Black applicants disqualified for failing the CEB will receive “certain retroactive seniority benefits upon successful completion of DFD’s new hiring process.” Only applicants who meet the minimum qualifications according to the new process are eligible for priority hiring.

In order to go into effect, the settlement agreement must be approved by the U.S. District Court for the Middle District of North Carolina, during which the court will conduct a fairness hearing.

In an interview with CBS 17, DFD Fire Chief Robert J. Zoldos II said that the DOJ did not specify which parts of the CEB were considered discriminatory. 

“We were a little shocked that our test, which shows validation, shows vetting, and is produced by a company that produces tests for hundreds of fire departments and reviewed thousands of candidates, was no longer considered valid by [the] DOJ,” Zoldos told CBS 17.

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