1. #1
    Sr. Information Officer
    NJFFSA16's Avatar
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    Aug 2001
    25 NW of the GW

    Default Discrimination or Affirmative Action?

    Judge says fire captain, attorneys owed more money in bias case
    MOBILE, Ala. (AP) - The city of Mobile must pay an additional
    $169,000 to a white fire captain and his lawyers, who won a
    $250,000 discrimination lawsuit earlier this year, a federal judge
    Jurors concluded in February that the Mobile Fire-Rescue
    Department discriminated against Capt. Alan Silvester, a veteran of
    about 30 years, when it promoted a black fire truck driver with
    considerably less experience instead of him.
    The jury also found that department supervisors unfairly
    retaliated against Silvester after he complained.
    Silvester's lawyers are entitled to $75,431 in fees and costs,
    and Silvester is due $93,800 to make up for what he would have
    earned had he received the promotion, Chief U.S. District Judge
    Ginny Granade ruled.
    Silvester's lawyers, Richard Fuqua and Ed Smith, wanted the city
    to reimburse them for 386 hours at a rate of $250 per hour. Granade
    overruled the city's objection that the rate was excessive, but she
    reduced the number of billable hours by 25 percent.
    The city has until Monday to ask Granade to reconsider her order
    or ask for a new trial. Should the judge deny those requests, the
    city would have 30 days to decide whether to appeal.
    Fuqua said Silvester remained open to the possibility of a
    settlement. "The city hasn't thus far been willing to do so," he
    Paul Carbo, a lawyer for the city, said the city would not pay
    Silvester any money in connection with the lawsuit until the case
    is resolved.
    In April, Smith and Fuqua filed a similar lawsuit in federal
    court on behalf of four other white captains in the fire service.
    The city has denied those allegations in a court filing. That case
    has not moved beyond the preliminary phases.
    Information from: The Mobile Register

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  2. #2
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    DaSharkie's Avatar
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    Jun 2000


    It doesn't matter whether it is affirmative action or discrimination they are both wrong.

    It does sound more like an affirmative action case where you appoint someone with less experience/education/training over another person of a different race. You cannot do this without showing some discrimination - hence the failure of affirmative action. This is finally being recognized in many states and the federal judiciary as being wrong.
    "Too many people spend money they haven't earned, to buy things they don't want, to impress people they don't like." Will Rogers

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  3. #3
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    pvfire424's Avatar
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    Feb 2004
    Kansas City Mo


    Maybe we could call it Affirmative Discrimination ?

  4. #4
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    firenresq77's Avatar
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    Oct 2000
    Northwest Ohio


    Originally posted by pvfire424
    Maybe we could call it Affirmative Discrimination ?
    I kinda like that........

  5. #5
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    Weruj1's Avatar
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    Dec 1999
    NW Ohio


    me too !
    IACOJ both divisions and PROUD OF IT !
    Pardon me sir.. .....but I believe we are all over here !
    ATTENTION ALL SHOPPERS: Will the dead horse please report to the forums.(thanks Motown)
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    LETHA' FOREVA' ! 010607
    I'm sorry, I haven't been paying much attention for the last 3 hours.....what were we discussing?
    "but I guarentee you I will FF your arse off" from>
    http://www.firehouse.com/forums/show...60#post1137060post 115

  6. #6
    the 4-1-4
    Jasper 45's Avatar
    Join Date
    Dec 2002
    ...A great place, on a Great Lake


    How about discriminatorily affirmative?

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