Cobb County hiring practices reportedly discriminated against Black firefighter candidates

COBB COUNTY, Ga. - The U.S. Justice Department has settled a lawsuit with Cobb County over claims that the county used hiring practices that discriminated against African American firefighter candidates. The settlement resolves allegations that Cobb County violated Title VII of the Civil Rights Act by using credit checks and a written exam that unfairly impacted African American applicants.

Cobb County reportedly used the credit checks and written exam to screen firefighter candidates from 2016 to 2020. During that time, they received a little more than 4,000 applications and 48.8% of those candidates were Black. 

In that time period, the county hired 225 white firefighters and 61 Black firefighters. 

As part of the settlement, Cobb County will no longer use these hiring practices and will pay $750,000 in back wages to the affected candidates. Additionally, up to 16 of these candidates will be hired as firefighters and given seniority retroactively.

"This settlement should send a strong message to employers that reliance on a job applicant’s credit history may be discriminatory and unlawful," said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. "Consumer credit checks create a Catch-22 for people seeking access to job opportunities. Cobb County’s hiring practices created artificial barriers that prevented qualified Black job candidates from being considered for firefighter positions. Discriminatory barriers, like credit checks, not only cost candidates a fair chance at a job, they also prevent the public from being served by firefighters drawn from the most robust hiring pool possible."

U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia added that all job applicants should have an equal opportunity to compete. He stressed that eliminating discriminatory hiring policies is crucial for ensuring fairness in employment.

The Justice Department's lawsuit argued that Cobb County's hiring process unfairly screened candidates based on their credit histories and performance on a written exam, which wasn't relevant to the actual firefighting job. These practices disproportionately affected African American applicants.

The Cobb County Board of Commissioners approved the settlement with the Justice Department during their April meeting.

Before the meeting, Board of Commissioners Chairwoman Lisa Cupid said, "In 2020, our fire department ceased the practices that led to the DOJ’s contentions. I look forward to resolving this with the DOJ to end any practices that could have unintended disparate or discriminatory impacts. Our goal is and should always to be inclusive in finding the best candidates to work in Cobb County."

Cobb County Fire & Emergency Rescue

Fire Chief Bill Johnson also released a statement saying, "We are pleased that the DOJ’s comprehensive review confirmed no intentional discrimination in our hiring practices and identified no issues with our current process. We are dedicated to continuing our efforts to recruit, hire, and retain well-qualified firefighters to serve Cobb’s citizens."  

Cobb County NAACP President Jiriene Bonner Willis says former firefighters first made her aware of Cobb County's questionable practices in 2018.

"This is progress, we know that there's still a lot more to be done," Willis said.

Willis also said they brought concerns about the credit checks and exams to Cobb County fire chiefs at the time. 

"They admitted that there were things that weren't equitable and that they might have lost some great candidates as a result of some of the preexisting practices."

President of the Cobb Firefighter's Union Dustin Martinez also released a statement saying, "We agree that the current process is fair to all candidates and are content that no intentional discrimination occurred in previous hiring practices."

Under Title VII of the Civil Rights Act, employment discrimination based on race, sex, color, national origin, or religion is prohibited. This includes practices that unintentionally have a discriminatory impact on certain groups unless those practices are directly related to the job requirements.