1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

FDNY Discrimination Class Action Suit ineligibility

Discussion in 'Hiring, Applications, Background Checks' started by lipalotus, Mar 2, 2013.

Thread Status:
Not open for further replies.
  1. lipalotus

    lipalotus Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    In March 2012, the Court found that the City owes up to $128 Million in back pay to black and Hispanic applicants who took the 1999 and 2002 firefighter tests. I was part of the Class Action suit but was later told i was in eligible because at the time of application period I was under 17 and 1/2. which was 1 of there ineligibility causes. My thing is that I didn't take the test into 2003 and at that time I asked the agency that gives the test about my age and they said as long as I was 17 and a half by the time I took the test. I submitted a objection but the special masters over seeing the case says i'm still ineligible and I can pay for a lawyer at my own expense, I don't have much money and I don't know if it would even be worth it. My argument is that i was age by the time of the test and had the age when I was suppose to be hired I should be eligible in my opinion. Here is a link to the case overview justice.gov/crt/spec_topics/fdny/overview.php
     
  2. cbg

    cbg Super Moderator

    Messages:
    8,561
    Likes Received:
    1,698
    Trophy Points:
    113

    And what is your legal question for us?
     
  3. Betty3

    Betty3 Super Moderator

    Messages:
    6,967
    Likes Received:
    290
    Trophy Points:
    83

    If you were told you're not eligible, there really isn't anything we can tell you except what you were already told - you can run it by a lawyer if you believe it is worth it. You might be able to get a no cost/low cost consultation from your local legal aid society or local law school if there is one in your area.
     
    Last edited: Mar 2, 2013
  4. lipalotus

    lipalotus Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    Is it legal to restrict me from a position based on the age that iI am when I summit an application
     
  5. lipalotus

    lipalotus Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    Thank you I need to find some type of consultation because if you was able to look at the case overview their is alot on the line like backpay, seniority, and the job it would give me some years that i can use towards my retirement
     
  6. Betty3

    Betty3 Super Moderator

    Messages:
    6,967
    Likes Received:
    290
    Trophy Points:
    83

    Generally all fire depts. require the person be a certain age before hiring them & with a high school diploma. (though some may still let you complete an app.) All fire depts do not have the same min. age - you would have to check with the fire dept. you are applying to/applied to what the age is to be a fireman - some depts. 18 (some depts. require you to be somewhere in your 20s).

    I didn't get involved in reading the court case but from your post it seems you had to complete an app. between 1999 & 2002 & you completed an app. in 2003 & you also were not the correct age during the app. period. If you believe you should still be eligible, talk to an attorney who can read the court case etc. & give his/her opinion.
     
  7. guestpost

    guestpost New Member

    Messages:
    238
    Likes Received:
    1
    Trophy Points:
    0
    The application period was over Oct 31 2002 the test I took in 2003 on jan 9 2003 I would of had the age in 2007 I would of been 21 when I should of been hired,
     
  8. Elle

    Elle New Member

    Messages:
    91
    Likes Received:
    2
    Trophy Points:
    0
    If the settlement was for those who took the exams in 1999 and 2002 and you did not take it until 2003, I don't seee how you have any recourse at all. You were not part of the group that was allegedly discriminated against.
     
  9. lipalotus

    lipalotus Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    actually I am apart of the suit the application was in 2002 it just the 2002 test was spread out between 2002 and 2003 but the test is the 2002 test, I have documentation and im going thru the Priority hire process so I am apart of that group
     

Share This Page

Thread Status:
Not open for further replies.