Re: NR and age discrimination

[Guest guest]

Mike,

I don't disagree that the NR has richly deserved to be sued for a plethora of

bad practices over the years. But the reality is that they escape lawsuits

because of the costs involved, and they know it.

Lawyers who are capable of maintaining a successful claim against the NR get

fees beginning at, say, $400 an hour. They either want to be paid for their

hourly services, plus all the expenses of the case, including copying fees,

the services of paralegals, which are billed at anywhere from $100-200- and

hour, experts who get anywhere from $200-$1200 or more per hour, investigators,

whose services are billed at $50-100 per hour, and all sorts of other stuff like

audiovisual presentations and so forth, or they take the case on a contingent

fee for anywhere from 30% to 50% of the recovered judgment.

Now, few people who are aggrieved by the NR can prove damages that would even

come close to the amount of money expended on a lawsuit, and no lawyer will

take a case on a contingent fee these days that has much less than a million

dollars in recoverable damages. It is easy to envision legal expenses of $1

Million Dollars to maintain a suit against the NR. A class action might well

work, but the expenses in maintaining a class action suit in federal court are

enormous. They would suffer, but the plaintiffs would have to either put up

the fees up front or demonstrate enough provable damages to come to multiple

millions to sustain the case if it was winnable.

That assumes that there is a provable claim. The NR is VERY CLEVER in its

practices, so winning a claim is far from a slam dunk.

The NR has a cabal of " experts " who will defend its exams and its exam

policies. It would be extremely difficult to win a claim against them on the

issue

you describe. That doesn't mean that they aren't vulnerable. They are.

But the economics are just not there.

In defense of the NR, I think they are really trying to address some of the

issues that their customers have with them. At least some of their management

recognize that candidates for certification are, in fact, their customers,

and that there are other providers that might be chosen other than the NR (for

example, Illinois just kicked them out and went with another testing service).

They have been arrogant to the extreme in the past, they are still arrogant

in many ways, but there are some folks there who are attempting to change the

culture. Unfortunately we still hear of rank and file candidates calling

them and getting the run-around, calls not returned, insulting or not helpful

responses to questions, and an " attitude " from their representatives.

I know for a fact that there are folks there who are trying to fix that, so I

hope they will continue to be responsive to us and continue to try to fix

their problems.

GG

They don't want to lose Texas, and they are trying to work with Texas to

improve things. I firmly believe that Maxie Bishop is holding their feet to

the

fire and " encouraging " them to find ways to be more customer friendly to

Texans. So I am willing, at this time, to wait and see how they address the

issues that we have with them.

If they don't, then we should press GETAC and DSHS to put out another RFP for

testing services and see what happens. NR got the contract basically by

default. There was nobody else who could provide the service required at the

time. That may have changed. As I understand it, there was no contract

entered into under the state bidding process, which may have violated state law

and

may render the present arrangement terminable on very short notice. If I'm

wrong about that, please somebody at DSHS correct me.

Texas has tremendous " clout " with NR. We have over 50,000 certificants, and

the income to NR from our fees is enormous and accounts for a very

significant portion of their income. We can and should be extremely aggressive

with

them in demanding that they provide service to the people of Texas based upon

our needs, not their notions of their role. They have driven the bus in the

past, but the time will come when we will drive the bus and they will be

grateful to be a passenger. That's as it should be.

>

> So if the tests are the same, why have an " assessment " and an

> " initial " exam? Couldn't someone who failed the " initial " now sue,

> claiming age discrimination, as someone under 18 gets to take the

> " assessment " exam, even though it's their initial certification?

>

> I see a legal challenge on the horizon, and it seems to be over

> nomenclature of tests ... and nothing more.

>

> Why is NR being so silly?

>

> Mike

>

> PS - Kudos to Maxie et al for finding a workaround.. PS - Kudos

> jeering NR for splitting the tests to begin with, and now using both

> for the same purpose.

>

>

>

> >

> >

> > When Texas switched to computer-based testing, some EMS students in

> > high school were left behind - the system wouldn't let them test

> > before their 18th birthday. Now, thanks to a new arrangement

> > between the state and National Registry (NR), that glitch is fixed.

> >

> > Here's how it works: After you complete your course, our office

> > will verify that you are eligible to test. For verification

> > purposes, coordinators must send a roster of those students under

> > age 18 who successfully completed the course to state EMS director

> > Maxie Bishop. Candidates under 18 must apply to take the NR

> > assessment exam, NOT the initial exam. In addition to passing the

> > NR exam, you'll also have to complete the state application for

> > initial certification and pay your fees. When you turn 18, send a

> > copy of your driver's license to the NR and to DSHS EMS

> > Certification. This will allow us to verify your age, and, if all

> > other requirements have been met, we'll issue your Texas EMS

> > certification. If you want to gain NR certification, you won't have

> > to take another test; NR will accept your passing of the assessment

> > exam (but there will be an administrative fee).

> >

> > Anyone with questions concerning this process should e-mail me.

> >

> > All state applications and instructions for the certification

> > process are available on our website soon: http://

> > www.dshs.state. www.dshs.state. www.dshs.state www.

> >

> > Thanks again for bringing this issue to my attention,

> >

> > Maxie Bishop, LP, State EMS Director

> >

> > Department of State Health Services

> >

> > EMS and Trauma Services

> >

> > maxie.bishop@...

> >

> >

[Guest guest]

So if the tests are the same, why have an " assessment " and an

" initial " exam? Couldn't someone who failed the " initial " now sue,

claiming age discrimination, as someone under 18 gets to take the

" assessment " exam, even though it's their initial certification?

I see a legal challenge on the horizon, and it seems to be over

nomenclature of tests... and nothing more.

Why is NR being so silly?

Mike

PS - Kudos to Maxie et al for finding a workaround... I'm just

jeering NR for splitting the tests to begin with, and now using both

for the same purpose.

>

>

> When Texas switched to computer-based testing, some EMS students in

> high school were left behind - the system wouldn't let them test

> before their 18th birthday. Now, thanks to a new arrangement

> between the state and National Registry (NR), that glitch is fixed.

>

> Here's how it works: After you complete your course, our office

> will verify that you are eligible to test. For verification

> purposes, coordinators must send a roster of those students under

> age 18 who successfully completed the course to state EMS director

> Maxie Bishop. Candidates under 18 must apply to take the NR

> assessment exam, NOT the initial exam. In addition to passing the

> NR exam, you'll also have to complete the state application for

> initial certification and pay your fees. When you turn 18, send a

> copy of your driver's license to the NR and to DSHS EMS

> Certification. This will allow us to verify your age, and, if all

> other requirements have been met, we'll issue your Texas EMS

> certification. If you want to gain NR certification, you won't have

> to take another test; NR will accept your passing of the assessment

> exam (but there will be an administrative fee).

>

> Anyone with questions concerning this process should e-mail me.

>

> All state applications and instructions for the certification

> process are available on our website soon: http://

> www.dshs.state.tx.us/emstraumasystems/default.shtm.

>

> Thanks again for bringing this issue to my attention,

>

> Maxie Bishop, LP, State EMS Director

>

> Department of State Health Services

>

> EMS and Trauma Services

>

> maxie.bishop@...

>

>