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  • Woman fails test......sues city

    http://www.citizensvoice.com/site/n...id=455154&rfi=6

    A civil lawsuit that could cost Wilkes-Barre taxpayers hundreds of thousands of dollars is expected to begin in about a month.

    U.S. Magistrate Judge Malachy Mannion has issued Mayor Thomas McGroarty a verbal order to schedule an executive meeting of city council to discuss the ramifications of the suit.

    The mayor scheduled that session for Monday, April 21, at 6 p.m. If held, it would be to discuss pending litigation and closed to the public and media.

    On Thursday night, McGroarty outlined some specifics of the federal suit, which was filed against the city's police civil service commission.

    The mayor said the defendant, Mary Moran-Yatko, claimed a portion of the civil service's physical exam for prospective police officers was discriminatory against women. The defendant was disqualified from being a city officer after she failed to climb over a 6-foot high wall.

    Her suit argued the wall-climb was geared towards upper body strength, which is more prevalent in men than women.
    Moran-Yatko is seeking back pay since 1994, when she took the physical, and other damages.

    So........some cop (male or female) who is on the job........who has passed this test........who is on a call has to wait for someone other than this female to help......since she can't haul her butt through a window to come help him.

    True, the responding cop could be this female, or a male who didn't make it through the window. My point is that someone will be relying on her to back them up......and no back up arrives.......while she stands around outside.

    The best thing is that she is an aerobics instructor/fitness guru....who failed the test.....oh boo hoo. Last year she said that climbing through a window is not a relevant part of police work. Ohhh.....a wannabe now knows about police work and what the job is like. Guess I should tell her how many windows or walls I've climbed through while on the job.

    Every police dept that I tested for has some kind of window or wall you must scale. I've taken the test for the dept she tried for and passed every time. I've seen several guys fail the wall test too. Guess they'll be suing for a job now.

    Another point she made was how the women have mor elower body strength....guess to make the playing field even the females should have to run faster and farther than the males........we wouldn't want to discriminate against the males now would we.

    I'm not against females in law enforcement......I've known several and they hold their own.......but each one of them has hauled their butt through a window or over a wall, in addition to passing all the other tests.

    I feel sorry for the city if she gets a job here........glad I don't work for it. I can see it now..........she'll be standing around while everyone else is climbing through windows or running through backyards climbing fences and walls......saying....."well, thats not part of police work"!!!!

    [ 04-18-2003, 10:31 PM: Message edited by: Steve in PA ]
    Steve

  • #2
    She failed the test in 1994 and she's JUST NOW suing?!?!?!

    On the OTHER HAND.....IF she wins, I'm may sue the local Hiway Patrol for NOT hiring me in 1983. I made a '98' on the test, but was told at 507, I was 'too short' to be a trooper.

    I wonder what back pay from 1982 to the present would work out to?

    [ 04-18-2003, 10:47 PM: Message edited by: shooter1201 ]
    "When you guys get home and face an anti-war protester, look him in the eyes and shake his hand. Then, wink at his girlfriend, because she knows she's dating a *****."
    -Commanding General, 1st Marine Division

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    • #3
      The hard part is develpoing a realistic test.

      While jumping through a 6' high window may be a good test. It isn't very realistic when you are doing it Saturday afternoon in the gyn with shorts and running shoes on.

      Try it on that dark and stormy night with boots, body armor, and duty belt, and you've just increased the degree of dificulty.

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      • #4
        Just another Adam Henry looking for a free ride.

        And of course the administration is schidting their pants, and rightfully so, considering what the ramifications will be if she actually WINS a suit. I'd love to see this one thrown out of court.
        6P1 (retired)

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        • #5
          quote:
          She failed the test in 1994 and she's JUST NOW suing?!?!?!
          I'm ashamed to call myself a procrastinator after reading this [Frown]

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          • #6
            What's the point of having the test at all if anyone can sue and get around it?

            Hmm...Come to think of it, I think that running test is unfairly biased towards lazy English teachers. Screw running at night, I'm calling my lawyer!
            I haven't felt this good since we stole the 2000 elections!--Ned Flanders

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            • #7
              I'm all about suing. I also believe the written test is descrimatory towards dumb people, The background investigation is descrimatory towards people who have a shady past, and The Polygraph is descrimatory to Liars.

              Give me a break!
              The ends justifies the means

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              • #8
                Since other women have passed it, and men have failed it, the idea of suing over it doesn't even pass the laugh test IMO.

                That bitch needs to get a grip. (Note: My use of "bitch" is not reflective of my opinion about women in general. It reflects my opinion about whiney little oxygen thieves, regardless of gender, who clog the legal system with stupid lawsuits in an attempt to blame someone else for their short-comings and/or stupidity.)

                [ 04-21-2003, 01:45 AM: Message edited by: Niteshift ]

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                • #9
                  In all honesty how many of us have actually had to climb a six foot fence on the job?

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                  • #10
                    quote:
                    Originally posted by 9-11:
                    In all honesty how many of us have actually had to climb a six foot fence on the job?

                    well...you could also ask how many cops have actually had to fire their gun on-duty.

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                    • #11
                      I've had to scale six-foot (or higher) fences probably a dozen times, as well as climb into windows. The wall is absolutely a good test. This little shrew is just suing because she realized that being an aerobics instructor doesn't help with strength. Guess she should have prepared for the test.

                      The tests have no secrets and the applicants always have plenty of time to get in shape. A lot of departments have practice tests several weeks before the real thing.

                      And just how the hell does she get away with suing nine years after taking the test? And then she wants back pay? What, are they just to assume she could have passed the psych and background? No way could someone as unstable as her pass a psych test. And the D.I.'s probably would have reduced her to a crying, quivering blob of Jello by the end of the first day in the academy.

                      Not everyone gets to be a cop. There's a reason why the phrase "The Finest" came about.

                      [ 04-21-2003, 03:56 AM: Message edited by: ateamer ]
                      Government is not the solution to our problem; government is the problem. - Ronald Reagan

                      I don't think It'll happen in the US because we don't trust our government. We are a country of skeptics, raised by skeptics, founded by skeptics. - Amaroq

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                      • #12
                        I thought I read a statement by her a while back where she claimed she wasn't interested in the job anymore, having moved on to bigger and better things, and that she was only suing so other women wouldn't be "discriminated" against in the future. How does almost 10 years of back pay figure into that?? What a joke.

                        On a side note: Maine had to totally revamp their fitness test because so many people were failing. They took out the entire fence-scale, wall-climb, crawling-under-tables, dummy-drag part as well as the bench presses and leg lifts. The only thing left is a 1.5 mile run, push-ups and sit-ups. I bet even this whiner could pass that test.
                        Don't take life too seriously- you'll never come out of it alive.

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                        • #13
                          "In all honesty how many of us have actually had to climb a six foot fence on the job?"

                          "Maine had to totally revamp their fitness test because so many people were failing. They took out the entire fence-scale, wall-climb, crawling-under-tables, dummy-drag part as well as the bench presses and leg lifts. The only thing left is a 1.5 mile run, push-ups and sit-ups. The only thing left is a 1.5 mile run, push-ups and sit-ups. I bet even this whiner could pass that test."


                          I've had to climb a lot more fences and walls than times I've run 1.5 miles on duty. Same with crawling under stuff and dragging/carrying people.

                          Simple test: If the city ordinances allow for 6ft fences, the test is reasonable. If it only allows 4ft ones, then it's not.

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