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City seeks dismissal of firefighters’ suit

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By the Lincoln Journal Star

Tuesday, Apr 22, 2008 - 12:34:11 am CDT

A judge will hear arguments next month on whether he should dismiss a lawsuit against the city of Lincoln filed by a group of firefighters.

Lancaster County District Judge Paul Merritt Jr. set the hearing for May 9 in response to Monday’s motion to dismiss the case filed by the city of Lincoln.

Five Lincoln firefighters sued the city earlier this year over Fire Chief Niles Ford’s promotion of Capt. Jeanne Pashalek to deputy chief in November.

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Affirmative action debate growing

The plaintiffs, all of whom are male, claimed the promotion was not based on merit and violated their due process rights under the Nebraska constitution as well as city ordinances prohibiting unequal treatment based on gender.

City officials had been expected to answer the lawsuit in district court by Monday. Instead, assistant City Attorney Connor Reuter filed the motion to dismiss and a notice of a hearing on the motion before Merritt.


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treatment wrote on April 22, 2008 1:30 am:
" I for one hope this lawsuit against the city of Lincoln is upheld. It is time to put a end to this kind of madness and start going with the best person for the job. "

 here we go again wrote on April 22, 2008 1:53 am:
" Alright, I am ready to start reading the posts from firefighters who think promotions are based solely on a multiple choice test score - as if they are applying for a job as a toll booths operator, or something similar. "

 Been There, Done That wrote on April 22, 2008 7:15 am:
" Folks, Chief Ford hired who he felt was the best person for this position. The position on the promotion test list is only part of what today's smart leader looks at when making decision on promotions.

To Chief Ford and Deputy Chief Pashalek, Hang in there. Many of us support you.

To the five Lincoln Firefighters, Get over it and better luck on the next open promotion. "

 Question wrote on April 22, 2008 8:07 am:
" Let me get this straight. If five firefighters are suing the city because they were passed over for a promotion, how do they expect to split the job. Or will one of the five get the job, and then the remaining four will sue the city again? Maybe the five firefighters should spend all of thier free time at the station trying to figure out how to get the ambulance service out of one million dollars of debt. "

 JC wrote on April 22, 2008 8:41 am:
" I also hope that it is upheld. It is high damn time that the most qualified, best person for the job is hired and not just a qualified female or minority. If the best candidate is the latter, then by all means, hire that person, but it simply doesn't happen. But then again, why make something the best it can be when just adequate is acceptable. I "

 ellfie wrote on April 22, 2008 8:42 am:
" Think it's 5 guys who are bitter 'cause they think that only men should be promoted because they are males. Ta' hell with anything else. Don't know if the ones who filed suit are currently working as firefighters or not but I would say..if you are worry about your current job status and performance..if you aren't its really none of your concern who is or isnt promoted with in the fire department. To all of you get over it, do the job you were hired to do and better luck next time. "

 Hold it wrote on April 22, 2008 9:03 am:
" What good is it to have a new fire cheif if the existing personell are going to sue every time he/she does something? "

 Shane wrote on April 22, 2008 9:19 am:
" There is no basis for this lawsuit. The Chief was given the names of seven people to interview and after doing so selected one of the seven. If he was obligated to select the canidate who was ranked number one after the written test why interview? Anyone who has ever promoted knows that you promote the one you feel most comfortable with and the one who best fills YOUR needs in your management structure. That is not always the one who scores the best on a test.

I will say the Fire Department should NOT rank interviewees by number but rather give the names to the chief in alphabetical order. "

 Lincolnite wrote on April 22, 2008 9:43 am:
" This is hypocrisy at its best. What if there had been six minority candidates and one white male? The chief then interviews all seven and says, well, I feel most comfortable with the white fellow so he gets the job. People would be screaming bloody murder and AFL-CIO would be involved because of disenfranchisement of the minority candidates. You can't have it both ways. Perhaps the woman is, and was, the best candidate for the job. The other five do, however, deserve their day in court to bring proof forward, if it exists. "

 Ha wrote on April 22, 2008 10:02 am:
" The mere fact that there are five fire fighters suing proves that there case has no merit. If the rankings held this much weight, the guy who scored the highest would be the only one with any right to sue. Also, can someone explain why the Nebraska Civil Rights Initiative is posting this on their website as "Race Preferences in Action?" "

 Oh please wrote on April 22, 2008 10:57 am:
" Yeah, sue the city. Because we all know that this rash of women and minorities getting constantly hired over and promoted over white men has been something this country's suffered through since the early days. Geez, quit your whining and move on. Clearly, these guys were not the best candidates for the job. "

 NOT A NEBRASKAN FIREFIGHTER wrote on April 22, 2008 1:06 pm:
" I have taken a few tests here and there trying to get on a not only LFD, but other in the area. As a white guy, I'm the minority don’t believe me. Ask anyone that has tested for the FD. Everyone white male knows the joke going in that if you’re not a minority or women you’re not going to be picked. It doesn’t mean anything to be the most qualified with the Equal Opp. Employment laws. EOE has run its course. The Laws need to be changed or modified. Many feel that its reverse discrimination at this point. Now, with this all said, if a women or a minority has the qualifications and is the best candidate then hire them. But hiring or promoting based on EOE is not only wrong but it’s bad for the public. Honestly, who do you want, the most qualified or the person that boasted the FD EOE policy?? "

 That Guy wrote on April 22, 2008 3:12 pm:
" Isn't blaming Equal Opportunity laws and Affirmative Action just a convenient way to take away all personal responsibility for one's career shortcomings?

If I am a white male who "got the job," then I earned it.

If I am a white male who didn't "get the job," then it is because some minority or woman took it from me.

In what instance do I, as a white male, not "get the job" because I am not the most qualified?

When I have not "gotten the job" in the past, my first consideration was "What could I have done better," and not "How many minorities or women got the job over me." Perhaps some people could take a lesson - I guarantee you it is a more productive approach. "

 T wrote on April 22, 2008 3:36 pm:
" Sorry to break it to you buddy, but I don't think you being a "white male" had anything to do with you not getting a job on LFD. Seems to me like your writing and grammar skills arw where you are lacking. I love how all these guys are whining about not getting jobs because they are white males. Affirmative Action has not helped me get anywhere I didn't prove to be the best qualified anyway. I am a "minority" and have tested for several fire departments and not been chosen. I don't go around blaming others for not getting the job. I just try harder next time and prove that I am the best for the job. That's it. "

 Agree wrote on April 22, 2008 6:47 pm:
" Thank you "T" for saying what I was thinking! Some people fail to realize that the way in which they articulate and write can often times be a part of the interview. It doesn't necessarily mean you can't do the job you're interviewing for, but it makes a statement nevertheless. And when all other qualifications are equivalent, it may be the determining factor as to who gets the job. "

 Amusing........ wrote on April 23, 2008 11:03 am:
" I find it amusing how all of you AWM (angry white males) assume that the female wasn't the most qualified. That Guy --you are spot on!!!! "

 all firefighters wrote on April 23, 2008 2:15 pm:
" nothing makes me more upset than firefighters and there over inflated egos. sure you go fight fires but you signed up for it. you wanted it. and most the time firefighters hangout at the fire house all day until a call comes. remember that like it or not you are a public servant and the average joe is paying our salary with tax money. so please don't act like everybody else is below you. "

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