NEW YORK, Oct 7 (Reuters) - A federal judge in Brooklyn has
drawn attention after taking an unusually harsh tone with New
York City's leadership, which he excoriated for failing to
remedy discriminatory hiring practices in the city's fire department over nearly four decades. But civil-rights attorneys
said the tough talk belies the judge's proposed solution, which
gives the city the chance to write its own blueprint for
addressing the problems.
In a pair of strongly worded opinions handed down over the
last week, U.S. District Judge Nicholas Garaufis slammed
everyone from fire department brass to Mayor Michael Bloomberg
for failing to take seriously the problem of making sure the
New York City Fire Department was racially diverse, blaming
them for allowing the department to become a "stubborn bastion
of white male privilege."
"If this litigation has proven anything, it is that it is
folly to expect any official of the city of New York to accept
accountability for seeing that the equal employment opportunity
laws are followed," Garaufis wrote.
"That this discrimination has been allowed to persist in
New York City for so long is a shameful blight on the records
of the six mayors of this city who failed to take
responsibility for doing what was necessary to end it," he
added.
"This is not the tempered language that one usually sees
from a court," said Suzanne Goldberg, a professor of
civil-rights law at Columbia Law School. "In that sense, this
is a very sharp rebuke."
CITY 'STRONGLY DISAGREES'
Garaufis' rebuke did not go unnoticed by Bloomberg, who
stood by the administration's efforts to diversify the fire
department during an unrelated press conference on Wednesday.
"I think it's fair to say no previous administration has
done more or been as successful in attracting diversity to the
FDNY than we have, and I couldn't feel more strongly about it,"
Bloomberg said.
Attorneys for the city referred to previous comments made
Wednesday in which Corporation Counsel Michael Cardozo said the
city "strongly disagree[s]" with the ruling and opinion and
intends to appeal as soon as possible.
Garaufis issued the rulings in response to a 2007 lawsuit
filed against the city by the U.S. Department of Justice.
According to statistics presented by the plaintiffs, which
include a fraternal organization for black firefighters, blacks
and Hispanics comprise 3.4 percent and 6.7 percent,
respectively, of the city's firefighter ranks as of 2007, even
though they make up 25 and 27 percent of New York City's
population.
Garaufis's ruling was particularly remarkable for its
"frank language about public issues of race," said Tanya
Hernandez, a professor of law at Fordham University who
specializes in employment discrimination and civil-rights law.
Hernandez compared it to the U.S. Supreme Court's rejection of
bans on interracial marriage in the 1967 case Loving v.
Virginia.
"Loving v. Virginia has always stood out to me for this
amazing language speaking honestly and forthrightly on matters
of race," Hernandez said. "I was struck by the parallels here
-- how some view it as inflammatory, and others view it as a
long time coming."
'NO FAVORITISM HERE'
But despite Garaufis's forceful tone, his proposed solution
is actually "extremely conservative," said civil-rights
attorney Richard Emery.
"If anything, he seems to give the city the benefit of the
doubt," Emery said, by proposing an independent monitor to
oversee the city's efforts to correct practices throughout its
hiring and recruitment processes that have put black and
Hispanic candidates at a disadvantage.
Observers said that Garaufis could have gone as far as
superimposing quotas or setting his own hiring and recruitment
goals for the city. Instead, he left the mandate for change
relatively open-ended, with the city responsible for writing
its own game plan in consultation with experts.
"There's no favoritism here," Emery said. "I think he's
plenty sympathetic to the problem. But nonetheless, I think he
thinks that they can and should do more."
By taking an initially confrontational tone and then laying
out a broad 10-year time frame for the city to devise and
implement its own solution to the problem -- in consultation
with outside experts and its own officials -- Garaufis is
attempting to prod the city into changing its mind-set and
taking the problem as seriously as the court does, Hernandez
said.
"The judge is trying to set up a framework for the fire
department to invest in and take ownership of their own
reforms," Hernandez said, adding that the approach may not be
as discrepant as it appears.
"It might look pretty tame in comparison to the language he
uses in the opinion, but if we step back for a moment, the
remedy is actually one that looks like it could have great
potential for long-standing effect."
The case is U.S. v. City of New York, in the U.S. District
Court for the Eastern District of New York, no. 07-2067.
(Reporting by Jessica Dye)
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