July/August 2005 Issue Number 73

Is a monthly electronic newsletter which links current events and issues to the daily challenges faced by fire and emergency services managers. Current topics in the areas of leadership development, workplace diversity, change management, and conflict resolution will be discussed.

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Consider This...

Fire-Rescue International August 9-13, 2005 Denver, CO. This is a new location for this conference. Linda Willing will be teaching a pre-conference seminar on August 9th entitled "The Art of Getting Along." Go to www.iafc.org for more information about the conference.

FDIC East October 4-8, 2005 Atlantic City, NJ 

Women Chief Officers Leadership Conference October 20-23, 2005, Bucks County, PA. Go to www.womenfireofficers.org for more information. 

All in the Family 

When Matt Cooper chose to get married, he faced more than the usual pressure of such a major life decision. He also faced losing his job. The reason? Mr. Cooper is a firefighter who married the daughter of a co-worker. Strict nepotism rules within his city, Rock Hill, SC, prohibit immediate family members and in-laws from working for the same department.  

Nepotism rules are a relatively new phenomenon among fire departments. Historically, fire departments were full of relatives, as sons followed fathers into the service, and brothers went through recruit school together. In many fire departments, these kinds of family ties are still common. But other organizations have taken a very different attitude. 

Several years ago, one fire department established a rule that no member of the department could marry another and both stay on the department. This department attempted to enforce the rule retroactively, which meant that the married couple on the department was faced with losing one or both of their jobs. Although the couple ultimately prevailed in disputing the rule's application to them, it was a very stressful experience for them. 

Nepotism rules have gained favor in more recent years, roughly corresponding to the time that women have been involved as career firefighters. And although nepotism rules can affect anyone, they do have a disproportionate effect on women firefighters. Surveys show that at least 30% of all women firefighters are either married to or in a long term relationship with another firefighter. Most of these relationships involve firefighters from the same department.  

There is logic behind nepotism rules that needs to be respected. People who are in close personal relationships should not directly supervise one another or make tangible employment decisions (such as hiring or promotion) that affect their partners. But this kind of conflict of interest is not only possible among relatives, but also among friends on the department. Many who support nepotism rules see no problem with best friends working together.

Rather than creating blanket rules that arbitrarily exclude good people, why not create clear expectations for professional behavior, and then hold people strictly accountable to these standards? If people behave inappropriately, if they show favoritism to family or friends, then deal with that outcome, instead of creating a climate of fear and one that forces people to lie about their personal relationships. 

Source: Myrtle Beach Sun News, June 19, 2005  

The 7th Circuit Court of Appeals has ruled that an employer's use of a psychological test, the Minnesota Multiphasic Personality Inventory, is illegal under the Americans with Disabilities Act. The court said that the scope of the test amounted to a type of medical exam. 

Source: hr.blr.com June 30, 2005 

Grooming Standards and Change 

Curtis DeVaux, a devout Muslim who wears a beard as a sign of his faith was recently given an ultimatum by his employer, the Philadelphia Fire Department: Shave your beard or lose your job. Mr. DeVaux refused to shave his beard, and as a result was suspended from his job. Mr. DeVaux said that his beard did not pose a safety risk given the new equipment available, and that the department should be more accommodating to diversity and change. The Philadelphia fire commissioner said that other Muslims on the department don't have a problem abiding by the rule, and that perhaps Mr. DeVaux should consider another job. 

When it comes to grooming standards, the courts have consistently sided with employers, even when there is a question of violation of other rights (see Archives February-March 2005). In a recent sex discrimination case, the 9th Circuit Court of Appeals stated that grooming and dress standards are entirely outside of the purview of Title VII because Congress intended that Title VII only "prohibit discrimination based on immutable characteristics associated with a worker's sex." And although employers are mandated to accommodate religious beliefs at work, they are only required to do so when they do not pose any kind of hardship on normal business practice. In the courts, safety considerations trump Title VII rights every time. 

But maybe this case is about more than just a beard. Mr. DeVaux's attorney has stated that her client was not accusing the department of racial bias, but instead of being slow to adapt to change. In fact, several years ago, a Muslim woman paramedic who wanted to wear a head scarf was able to work out a compromise with her department so that she was allowed to wear a very small headpiece that was mostly symbolic, but which satisfied both her and her department. This compromise was only reached through dialogue and the mutual desire that change meet everyone's needs.  

Grooming standards are not just a legal issue. They reflect societal standards and the changing demographic of the fire service. There may not be one solution that will meet the needs of every organization, but as change occurs, open and respectful communication must be a part of it. 

Source: ABC News online, June 6, 2005

© Linda F. Willing, 2005