Comments on: Connecticut: timed fireman test violated ADA, cont’d

By: Dan Schwartz

Dan Schwartz — Mon, 05 May 2008 21:48:57 +0000

I looked at the decision a bit further in my blog. Its actually a pretty significant decision because it expands the reasonable accommodation analysis to learning and mental disorders.

By: William Nuesslein

William Nuesslein — Mon, 05 May 2008 07:07:27 +0000

Mr. Cooper claims “Then, the fire department did not provide significant evidence that the test’s timing was sufficiently tied to actual performance.”

This is the Duke Power fallacy where the Supreme Court required specific tests for specific job slots. The problem comes from the fact that the specific tests are costly to develop, and, because they are calibrated on small numbers of workers, do not have the reliability of generalized tests. When tests are modified because a particular aspect is considered to be unrelated to actual performance, there is bound to be some dimmunition of the power of the test. Then there can be item by item attacks that eventually annihilate the test.

By: DAV

DAV — Thu, 01 May 2008 10:17:49 +0000

Ummm, Mr. Cooper, wouldn’t someone with ADD have trouble paying attention? That being the name of the disorder and all? That doesn’t sound like someone who should be directing a fire scene.

The ADA is the nice idea that we should give extra consideration to those who can contribute if given the extra but don’t you think there are limits? For example, would you really want someone with ADD flying your plane?

Can you imagine the lawsuits that would follow if a death occurred at a fire scene led by someone known to have difficulties? Do you think the very same co-workers currently defending our wannabe-captain might then be on the plaintiff side of those suits?

By: Benjamin Cooper

Benjamin Cooper — Thu, 01 May 2008 08:23:39 +0000

I read the decision, and it’s not quite as characterized. Several of the plaintiff’s co-workers testified that they were confident he could do the job. The fire department did not contest that the plaintiff’s disability was the reason he did not pass the test. Then, the fire department did not provide significant evidence that the test’s timing was sufficiently tied to actual performance.

I agree with you, generally, when you say that firefighters should pass standard tests. But the tests have to be based on something reasonable, not just gut feelings about what is required.