The enormity of the loss has no historical equivalent. Currently, 315 fire department employees, 23 New York City police officers, and 35 Port Authority officers are unaccounted for out of the 5,400 persons believed missing. Among the confirmed dead are 29 Fire Department of New York (FDNY) employees, including an assistant fire commissioner, the chief of the department, which is the highest uniformed rank, and the department chaplain. In the list of reported missing personnel are two assistant fire chiefs and 16 battalion chiefs as well as numerous captains and lieutenants. Over 45 different engine, ladder, and specialized companies list personnel dead or unaccounted for. At least 30 pieces of fire apparatus were reported destroyed at the WTC conflagration. 

The FDNY employs about 11,400 fire fighters. In an effort to continue operations running as smoothly as possible, on September 16 the department promoted 168 fire fighters to more senior positions. 

Previously, the greatest loss of fire fighters in modern America was in 1947 when 27 fire fighters died in Texas City, Texas, following an explosion of a ship carrying ammonium nitrate fertilizer. Not counting the WTC calamity, the FDNY has lost more than 750 fire fighters since the department was organized in 1865. 

Upon hearing the news, Harold Schaitberger, General President of the International Association of Fire Fighters (IAFF), AFL-CIO, said, "Our loss is 

The IAFF has established an office in the Sheraton Hotel in Manhattan to assist with the relief effort. Local unions around the country are collecting money for the New York Firefighters 9-11 Relief Fund. Contributions will go to the families of fallen IAFF members in New York City. 

Chief John Buckman, III, President of the International Association of Fire Chiefs, issued a statement expressing sympathy to those who have suffered a loss. "To the hundreds of fire fighters in New York who answered the call for help and will never come home, I say this: We will not forget you. To the fire fighters and others who lie badly burned in Washington, D.C. area hospitals: We will not forget you." 

On September 17, the first day that major league baseball games resumed play, the New York Mets wore "FDNY" and "NYPD" caps during pre-game ceremonies in Pittsburgh. The Mets' ballpark, Shea Stadium, was being used as a staging area for emergency personnel. Baseball teams across the country have featured pre-game programs honoring their local fire fighters and police officers. 

The two unions representing the missing fire personnel have seen their operations somewhat curtailed. A week after the incident the office of the United Fire Officers Association (UFOA), Local 854 of the IAFF, was closed due to loss of electricity and 

Congress responded to expedite the payment of benefits under the federal Public Safety Officer Benefit Program. Both houses quickly passed legislation requiring benefit payments be made within 30 days of notification of death from the employing agency. Additionally, the Department of Justice has agreed to simplify the benefit application form. Heirs of lost fire fighters will receive $151,635. On September 18, the Federal Emergency Management Agency announced 

On the labor side, the tragedy creates a difficult labor relations situation. The UFOA membership recently ratified a new multi-year labor pact with the city. The UFA has tentatively agreed to the same pact but formal ratification is at least a month away. While the popularity of fire fighters is at an all time high, the financial pressures on city government are likely to be enormous. City officials have already announced plans to borrow $1 billion through issuance of bonds. The city's ability to pay significant wage increases to public safety personnel may be hampered for the near future. 

A companion piece of legislation has 179 co-sponsors in the House of Representatives. That bill, H.1475, remains in committee and no hearing has been scheduled as yet. During the 106th Congress similar legislation received a hearing before a House committee and enjoyed 243 co-sponsors. With a new Congressional session, the legislative process starts over. 

The 21-year-old pregnant female had filed a complaint with the fire department's equal employment opportunity counselor claiming that the interim chief of EMS operations suggested she have an abortion because 

WUSA-TV in Washington reported that Fire Chief Ronnie Few has been sending letters to female applicants advising them that they must have pregnancy tests and that any job offer would be held in abeyance if the test is positive. Margret Nedelkoff Kellems, the city's deputy director of public safety, confirmed that the letter has been going out to applicants as a result of a policy that has been in place for many years. "You 

But EMS union officials disagree. Louis Malone, an attorney for the American Federation of Government Employees, said, "This reveals a pattern of discrimination against pregnant women on behalf of the city. I don't believe it is legal or right." 

At the core of the dispute is application of the federal Pregnancy Anti-discrimination Act. This statute 

According to Dr. Myhre, the heat-tolerance study illustrates the importance of a healthy fire department. The physical demands of fire combat are particularly strenuous on the cardiovascular system. About half of all fire fighter duty-related deaths are caused by heart failure. 

In the tests the fire fighters wore full turnout gear 

"When skin temperature rises above 98.6 degrees, it's not very fun," said Myhre. "Only a person with a strong cardiovascular system can work." 

The data suggested no significant difference in performance based on the sex of the fire fighter. The longest period a male fire fighter endured in the test was 44 minutes. The best time for a female was 40 minutes. 

In recent years a joint committee of the International Association of Fire Fighters, AFL-CIO, and the International Association of Fire Chiefs developed a fire fighter fitness test protocol. Both groups emphasize fire fighter physical conditioning. 

Fizer had complained that from his first day on 

Among the verified incidents was one where a fire fighter, while dining at the firehouse, mocked the dress of an injured African-American bicyclist who the fire fighters had assisted earlier in the day. The mocking included positioning his trousers just above his buttocks and saying he was "sagging" his pants and changing his name to "Keyshawn" to "mirror the community." In another incident fire fighters reportedly displayed sex toys that had been painted black. 

The allegations prompted the fire chief and the Portland Firefighters Association to circulate a memo reiterating their commitment to maintaining respect and tolerance in a diverse work force. The fire fighters' union supported Fizer in his claim before the retirement board. 

An internal department investigation into the allegations is continuing. 

Cases of interest 

HELD: The male applicants claim that the county's preferential treatment is unjustified arguing that it should have been clear after nearly 20 years that women are less interested in becoming fire fighters and less qualified for the job than men. Accordingly, they argue that the county should drop its preferential treatment of females. The county argues that in striving to overcome its long history of illegal discrimination the plan is reasonable to ensure its goal of increasing the percentage of female fire fighters. Sex-based affirmative action plans are subject to challenge under the equal protection clause of the Fourteenth Amendment. To survive such a challenge the plan must withstand intermediate scrutiny. Under intermediate scrutiny a gender preference may be upheld so long as it is substantially related to an important governmental objective. The specific objection in this case is the 36 percent long-term goal for female representation. The 

HELD: Knighton alleges he was deprived of due process of law. To prevail on a due process claim the plaintiff must identify a constitutionally protected interest or property interest. He must show he was deprived of that interest without due process of law. Knighton has failed to show a liberty or property interest in his employment. Even if he can show such interest he is unable to satisfy the second prong of the analysis. Specifically, he contends the city violated his rights when they administered drug tests pursuant to the experimental drug policy that had not been signed by the union or the city. Although Knighton argues the drug policy was not in force because it was unsigned, he does not contend that the collective bargaining agreement was not in force even though the document was also unsigned. In fact, he relied on the unsigned collective bargaining agreement to grieve his dismissal. For reasons unknown to the court the union and the city have a history of not signing documents such as the labor agreement and the drug policy. However, it appears that both parties abided by the terms of these documents. Thus, it was proper for the city to enforce the drug policy. Knighton had notice of that policy. He also contends that he was denied equal protection of the law in that African American fire fighters who test positive for drugs were disciplined more severely than white fire fighters and that the city failed to provide African American fire fighters with the same drug treatment options. The evidence is clear that whether a fire fighter is eligible for in-patient drug rehabilitation treatment is determined by the insurance company the fire fighter has selected, not the fire department. Likewise, he has failed to show evidence that white fire fighters are treated differently than Black fire fighters. Knighton was the only firefighter who tested positive for drug use within a 24-month period. There are no 

HELD: Under Arkansas law an appellate court is to review the trial court's findings to see if they are clearly against the preponderance of the evidence. A finding is clearly erroneous when, although there is evidence to support it, the reviewing court is left with a definite and firm conviction that a mistake has been made. A review of the evidence in this case shows that the trial court could legitimately reach the decision that it did. It did not abuse its discretion in making its finding. Similarly, despite the city's contention to the contrary, Arkansas law permits a trial court to review not only the civil service commission's decision on the record but to hear additional testimony and evidence, provided it is otherwise admissible. Relevancy of evidence is within the trial court's discretion. Thus, the testimony regarding the drowning incident was properly admitted. The trial court did not exceed its authority or abuse its discretion in its ruling on this case. Affirmed for fire fighter overturning termination. [City of Van Buren v. Smith, 46 S.W.3d 527 (Ark. 2001)] 

HELD: Adams argues that the emergency was over at the time he was ordered to move his truck and, therefore, the city no longer had immunity from suit under the state statute. However, a close reading of the statute reveals that the question is not whether the act occurred during the emergency but whether it occurred "in connection with" an emergency response. The emergency response in this case was the fire department vehicles responding to the electrical fire. Clearly, the response included extinguishing the blaze. But, it also included fire-fighting actions taken after that, such as overhaul, salvage, and investigation to make sure that all embers had been extinguished and to determine the cause of the fire. While indeed the order to move the truck was performed after the fire was extinguished, the statute does not limit immunity only to actions taken contemporaneously with the emergency. It immunizes actions that are part of the emergency response. The order to move the boom truck was part of the emergency response and injury occurring as a result is not subject to suit under Iowa law. The decision should not be interpreted to mean that fire fighters will be automatically immune for any post-emergency action 

HELD: The tort of defamation is that which tends to injure reputation in the popular sense, to diminish the esteem, respect, good will, or confidence in which an individual is held, or to excite adverse, derogatory, or unpleasant feelings, or opinions about him. In Mississippi, to establish slander one must show a false statement that has the capacity to injure an individual's reputation, an unprivileged publication, negligent fault on the part of the publisher, and, in some instances, the existence of special harm. The trial court in this case found that Scott was a "vortex public figure." A vortex public figure is a person who is otherwise a private citizen but who thrusts himself into the vortex of a matter of legitimate public interest. If a person is deemed a vortex public figure and the alleged defamation concerns a matter of public interest, the plaintiff must prove that the defendant acted with actual malice. Actual malice means comments made by a speaker knowing them to be false or in reckless disregard of the truth. Slander also requires proof of special harm under many situations. Special harm is a loss of something economic or pecuniary in value. This rule balances the everyday life risk of sharp words and wounded feelings against the actual harm one might suffer from such words. Since Scott conceded that he had suffered no pecuniary damage, then no special harm was even alleged. Without special harm a plaintiff must show the slander per se. One way of establishing slander per se is to show that the words impute the commission of some criminal offense involving moral turpitude and infamous punishment. Scott argues that being accused of being a thief fits within this category. However, the mere allegation of being a thief is not sufficient to support an