Fire Lieutenant Loses ‘Buzzing Cell Phone’ Promotion Claim

Jeffrey Neal is a Cincinnati fire lieutenant. In 2015, the Department began accepting internal applications for fire captain and administered pro­motional exams as part of that process. Neal applied for the advancement and participated in the promotional exam, which consisted of five sections. The first two sections presented objective, multiple choice questions; whereas the remaining three were subjective, in­volving tactical, interview, and written components. Neal’s rankings for the first…

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Officer Fails ‘Integrity Test,’ Loses Promotion

David Meadows is a police officer with the City of North Bay Village in Florida. In January 2017, Meadows sat for the sergeant’s examination and placed second on the promotional list. The City uses a rule of three. Under the collective bargaining agreement between the City and the FOP, the police chief has discretion in his promotional decisions, except that he must select from the top three ranked candidates….

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Romantic Relationships And Due Process

Hosea Word is a sergeant and aspiring lieutenant in the Chicago Police Department. When he took the departmental lieutenants’ exam in 2006, he was ranked 150th of all candidates. The sergeants ranked 1 through 149 all received promotions. Sergeant Word was the highest-scoring candidate who did not. In 2015, when Word next took the exam, his ranking fell to 280th. He was passed over a second time. Word sued,…

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Court Upholds Boston Sergeant Exam Even With Adverse Racial Impact

In selecting police officers for promotion to the position of sergeant in 2005 and 2008, the City of Boston and several other Massachusetts communities and state employers adapted a test developed by the State’s Human Resources Division (HRD), charged under state law with creating a selection tool that “fairly test the knowledge, skills and abilities which can be practically and reliably measured and which are actually required” by the…

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Officers Entitled To Trial On Whether Changes In Exam Process Were Pretext For Age Discrimination

Greg Peterson and Souphanny Dean are Richfield, Minnesota police officers. In April 2012, Peterson sued the City, claiming that the Department engaged in age discrimination when it removed him from the special investigations unit earlier that year. A trial court ordered judgment for Peterson on September 19, 2013. In the fall of 2013, Peterson, Dean, and Brian Rogge, who were all over 40 years old, applied to be eligible…

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Boston PD Rank-Ordered Promotions Held Discriminatory

Ten black police sergeants sued the City of Boston under Title VII of the Civil Rights Act of 1964, alleging that the multiple-choice examinations the Department administered in 2005 and 2008 to select which sergeants to promote to the rank of lieutenant had a racially disparate impact on minority candidates and were insufficiently job-related to pass muster under Title VII. A trial court recently found the City’s practices to…

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