New York Court Rules FDNY Can Give Preference to EMS Workers Who Passed the Firefighter Test

The Uniformed Firefighters Association claimed it was promised that those who scored well on both tests would be given the chance to be probationary firefighters.

But the city appointed all EMS candidates who passed before moving on the members of the general public who scored passing grades.

Judge Joseph P. Sullivan ruled the city did not act "arbitrarily or capriciously" when it made that decision.

The Fire Department has been pressured by federal Justice Department to hire more minorities and argued that giving preferences to EMS workers would do that. The EMS merged into the FDNY in 1996.

"We're very pleased by the court decision, and believe it will help us in our efforts to improve the diversity of our firefighting work force," said FDNY Commissioner Nicholas Scoppetta.