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Nine rejected firefighter applicants sue city;
TESTS: Lawsuit claims questions illegally probed
into recruits' sex lives.
Copyright 2002 Anchorage Daily News
Anchorage Daily News...05/31/2002
By Lucas Wall Anchorage Daily News
Nine applicants rejected by the Anchorage Fire Department
have filed suit claiming they were improperly denied jobs because the
municipality uses a psychological screener who poses invasive questions that
have nothing to do with firefighter qualifications. The plaintiffs allege they
were rejected based on a 900-question behavior and psychological test plus an
oral exam administered by a California contractor. The interviews by Law
Enforcement Psychological Services illegally probed into the recruits' sex
lives, religious and political beliefs, they contend. The complaint, filed
earlier this month in Anchorage Superior Court, states eight of the plaintiffs
have experience at volunteer or forestry fire departments. The ninth has a
firefighter certification. All applied to the department last year.
The nine applicants successfully passed a series of tests
demonstrating their firefighting knowledge and physical agility, according to
their complaint. They also completed interviews with various officials including
Fire Chief John Fullenwider. They received conditional offers of employment from
the department but were later denied jobs because of the psychological tests,
the complaint says. None of the plaintiffs was given specific reasons why they
failed the psych screening. They argue the decision to deny them employment
violates their constitutional privacy rights as well as their right to due
process. It also goes against state anti-discrimination and municipal personnel
laws, the plaintiffs claim. The city and the company have not responded to the
suit. Municipal Attorney Bill Greene said he expects to do so next week. Green
said he would not comment on the claims until then.
Richard Lenhart of Law Enforcement Psychological Services
did not return phone messages left at his Los Gatos, Calif., office. Karen
Hanson, municipal employment manager, said Law Enforcement Psychological
Services is in the second year of a contract to screen Anchorage fire and police
recruits. The firm also provided the service for the city in earlier years, but
she was not sure of the exact years. Hanson said this is the first time she has
heard of complaints against the firm. "We've been very happy with their
services," she said. Among the allegations of improper or illegal screening
techniques:
* During the oral screening, Lenhart asked applicant
Craig Worrell detailed questions about the past and present sex lives of Worrell
and his fiancee. "Lenhart laughed at Worrell's answer about his fiancee's sex
life, then commented on Worrell's fiancee's sexual experience," according to the
complaint. "Lenhart then asked Worrell whether his sex life was good." Worrell's
screening occurred the afternoon of Sept. 11, shortly after the terrorist
attacks on the East Coast. "Worrell expressed sadness about the firefighters
lost in the line of duty in New York," according to the complaint. "In reply,
Lenhart said, 'you have to give the terrorists credit for wiping out as many
people as possible.' "
* Two applicants were asked if they owned guns. Scot
Woolsey replied that he did, but added that the weapon was kept in a safe.
"Lenhart then harassed and berated Woolsey for his ownership of guns because he
had children in the house," according to the complaint. Lenhart also criticized
applicant Carl Brent's gun ownership.
* Lenhart asked another applicant about an incident
when he was drunk after a hockey tournament and woke up in a teammate's bed.
"Lenhart asked whether (his) teammates had sexually molested him while he was
sleeping in the teammate's bed," according to the complaint. Wayne Ross, the
plaintiffs' attorney, said he tried for six months to negotiate a settlement but
the municipality refused. "The city is short on firefighters and here are some
firefighters, many of them with experience," Ross said. "You have a doctor from
California with his own political agenda making decisions not based on whether
these are good firefighters but based on his own warped view of life." Two
plaintiffs argue they were illegally denied jobs in violation of the Americans
with Disabilities Act. Kirk Gibbs had been treated for alcoholism and Worrell
previously suffered from depression and post-traumatic stress disorder, the
complaint states.
All nine contend the Anchorage municipal code requires
any oral examination for a municipal job to be conducted by a board of at least
three people. The Fire Department psychological exam violated that requirement
because it was conducted solely by Lenhart, their complaint states. The exam
also did not relate to the duties and responsibilities of the positions applied
for, as the plantiffs claim is required by the city's personnel rules. The
rejected applicants are asking for monetary damages, another chance to become a
firefighter and a re-examination by another psychologist. They also seek an
injunction barring the Fire Department from continuing to use the test they
object to.
Reporter Lucas Wall can be reached at lwall@adn.com or 907 257-4321.
Captain Bob’s reply:
I have read
enough!
The psychological test has changed the fire service. Sure there are some folks
who have a lot of baggage and shouldn’t be hired. But most of the red-hot’s,
the backbone of the fire service, can’t make it through the
process. Surprisingly, the evaluations are based on the performance of those
already in the fire service.
More and more agencies are using the psychological test in their hiring
process. Psychologists are competing for this lucrative business and agencies
feel they need the service to hire the right candidates. In one large
department forty-percent of candidates were eliminated from the hiring process
through the psychological tests.
Fire administrations feel theirs hands are tied and get frustrated when they see
a high percentage of their superior candidates that were eliminated by their
physiological test being hired by other agencies.
As in Anchorage, much of the problem falls on the cities themselves for not
having control of the guidelines that the psychologists are using. Left on
their own, psychologists will use their own devises to decide what to do, and
this is not always related to the department’s needs. If the guidelines are not
well defined by the agency, then the psychologist might wash the candidate out
for reasons not being job relevant.
For those who doubt the stats:
Psychologists are given more power then they should, says Robert Thomas Flint,
Ph.D., who sometimes does re-evaluations of potential peace officers and
firefighters who have failed psychological tests. Although he tends to agree
40-50% of the original decisions were valid, he finds that another 30-50% of the
rejected candidates are acceptable and can handle the job.
Dr. Flint feels that the Ph.D has been watered down, i.e., many of graduates in
the last ten years, and the psychologist too often paint by the numbers and
disqualify a person because they might have an unusual background. These
psychologists do not have an adequate background in the statistics and research
necessary to be fully competent in the use of tests with unusual
populations. That is, they are trained in identifying problems in the general
population but are less skilled in the identifying the strengths in special
groups such as firefighters. They also tend to have difficulty incorporating
unusual backgrounds into their reports. But, don’t a higher percentage of those
with a burning desire for this job fall into these categories?
For those of you who have never taken a psych test and are in service and think
you are immune, if you will put your badge on the line, I will put up the money
for a psych test. If you “don’t meet the profile”, yea fail, you give up your
badge. You forget how hard it is to get this job. Go ahead and step up. I
will guarantee you it is not a day at the beach.
I wonder how those who have not taken a psych and given their opinion here would
feel when they finally are offered a job conditional on passing the medical; and
part of the medical is the psych. How would you feel if you had spent all this
time on education and experience and in one swoop, you are history. You didn't
pass. Yes, I've heard the holier than though on this board that said if I can't
pass the psych, I shouldn't get the job. That all vanishes when they don't
pass. Like they knew they would pass. They had it.
Many of the in service personnel, yea and probably me, would be driving a truck
somewhere had they given the psych test as a condition of being hired.
You see many of these psychologists couldn’t find their butt with either hand
with a road map. Few know what the desire and fire in the belly it takes to be
in this job.
They set up land mines. Once you step on one, they trap you and eliminate you
from getting a badge. Fair? Hardly. Some departments have had such bad
experiences with the psych process, they have stopped using it.
The folks in Anchorage claim they have never had a problem with this
agency. What this department and many others do not realize is most candidates
don’t have a clue of why they were eliminated and do not challenge the results
because of a fear they it will affect any testing with another
department. That's right, you do not get to see the results of the psych
test. The city or psychologist will not talk to you. They point the finger at
each other why you weren't hired. As far as I’m aware, there is not a black
list if you fail a psych test.
As one candidate wrote on this bulletin board:
I’m not a bad person. But once you start answering something like a traffic
ticket here, an argument with a friend there, a bad employer way back, getting
hammered with friends once in awhile, a few credit problems along this journey,
a couple relationships ending because of your desire to get this job and an
unresolved relationship with a parent, then all of a sudden you’re not
recommended for the position by the psychologist. Even though this judge and
jury doctor has this and much more in their past. Takes one to know one right?
Yes, this candidate wrote this after being evaluated by the Los Gatos firm being
named in the suit in Anchorage. Go figure.
For sure there are those who should not be hired. Actually many departments are
blaming this psychology testing system for many of the problems they are now
experiencing with the candidates who are passing the psych and being hired.
It’s interesting that those who are passing judgment on this bulletin board do
not list their e-mail addresses. What psychological reasons does this send? I
do not give credibility to those who do not identify themselves. I wonder how
the psychologist would view this?
I would bet that most if not all of the nine named in this suit would have
passed their psych had they read our special report. We have had many previous
candidates who have been hired by anchorage using our program. An inexpensive
insurance policy.
Doctor Patient Confidentiality
The biggest error candidates make during the psychological test is thinking
there is patient doctor confidentiality even when the doctor has them sign a
release that there is not. This is not your family doctor. Guess
who’s paying the bill? You should not say anything in confidence during this
interview. As with the candidates in Anchorage, they wanted the job
so bad they told the psychologist anything he wanted to know. They created
trails they didn’t have to.
Volunteering Information/ Don't Creating Trails
A doctor who interviews a candidate that is open, honest, forthcoming, has
common since, and answers all questions probably considers them as O.K. But,
many candidates want this job so bad that they will do almost anything to get
it. I have been told what candidates have said during their interviews. I’ve
asked, “How did you get these people to say that?” As we read in the Anchorage
filing, the answer was, we just asked them and they volunteered the
information. Before you volunteer information, think before you speak. Present
your ideas clearly. Don’t ramble or chat. Be articulate. This is how you’re
going to be in the field. Believe it or not this is part of the job
interview. You are making an impression of who you are going to be as a
firefighter. Make sure you dress up and don’t slouch. Be prepared to audition
for the part of being a firefighter. Know your strong points. Be prepared to
demonstrate you are a team player.
I can't believe what many candidates reveal! Candidates often call me after
going to an oral board, doing background checks or psychological interviews.
They are concerned by some information they have given. Often it is related to
something from their past.
Don't Be Honest to a Fault!
Question:
I am about to get hired by a local fire department. The last and final step of
this long process is a 5 hour-long physiological test/interview. I have NEVER
taken one of these before. A friend of mine who works with Miami-Dade police
says to pass you need to be 100% honest. Any advice or insight is helpful.
Thanks a lot.
Reply:
Those candidates who are honest to a fault diminish their chances of passing the
psychological interview! That's right. You folks want this job so bad you will
tell the psychologist anything he wants to know. Once you start down this road
of total honestly, creating trails where you don't have to, is where you get
into big trouble. Especially when the psychologist says, "Everyone has skeletons
in their closet, this interview is not designed to eliminate you from the
process, or you don't want to be too squeaky clean." So you open up. Then the
phone stops ringing and no one will talk to you. You are out of the process
Mcfly. And, you don't know why.
By the how, the Miami/Dade Firefighter candidate took our advice and is now
wearing that badge!
A large city fire department called in twelve candidates for the psychological
interview. Only three passed. They called six more in. Two passed. They called
another six in and only two passed. All the candidates that passed were our
guys. They got our special report that took us a year and a half to prepare, to
know where the land mines were before they went in. Ask them if it was worth
knowing the inside secrets? Here again it was the infamous Los Gatos firm that
conducted the testing. Shortly after this city changed testing agencies.
We have taken candidates who have failed four psych tests, got our report, and
then, passed their next psych interview. Still on the job as great
firefighters. This is serious business when you are finally offered a job
conditionally on passing the medical; part of the medical is the psyche. You can
taste that badge. You don't want to blow it when you get this close. Ask the
nine candidates whose dream vanished after their psych interview.
"Just because your paranoid . . . doesn't mean they're not after you."
For more on the psych click here:
http://www.eatstress.com/psych.htm
Nothing counts til you have the badge . . . Nothing, especially the psych!
"Captain Bob"
Ask "Captain Bob"
Any Question
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Fire "Captain Bob" Smith has coached countless entry level and
promotional candidates to get their badge. He is a retired 28-year Hayward, Ca.
Captain, speaker/author of the audio/video program "Conquer the Job Interview,"
the books "Eat Stress For Breakfast" ISBN 09657620-3-3, "Fire Up Your
Communication Skills" ISBN 09657620-6-8 and a member of the prestigious National
Speakers Association. You can book him as a speaker or get a copy of his books
and tapes by calling toll free at 888-238-3959.
E-mail: captbob@eatstress.com
Web site: www.eatstress.com
