Oct 11, 2024 Story by: Editor
The U.S. Department of Justice (DOJ) has filed a lawsuit against the City of South Bend, alleging that the hiring process for entry-level police officers at the South Bend Police Department discriminates against Black and female applicants.
According to the DOJ, the lawsuit claims the department’s hiring practices violate Title VII of the Civil Rights Act, specifically by using a written exam that disproportionately impacts Black applicants and a physical fitness test that unfairly affects female candidates.
Title VII is a federal law that prohibits employment discrimination based on race, sex, color, national origin, and religion. The DOJ notes that the law applies not only to intentional discrimination but also to employment practices that create a disparate impact on a protected group, unless those practices are justified as job-related and necessary for business.
“Equal employment opportunity is critical to ensuring that law enforcement agencies do not unfairly exclude otherwise eligible job applicants based on discriminatory practices,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Discriminatory barriers that deny qualified Black and female applicants the opportunity to be police officers violate civil rights and undermine public safety efforts. The Justice Department is committed to equal access to employment opportunities in the policing sector so that all qualified applicants have a fair chance to protect and serve their communities.”
The lawsuit stems from a 2021 investigation by the DOJ’s Civil Rights Division into South Bend’s police hiring practices. Filed in the Northern District of Indiana, the suit alleges that since at least 2016, South Bend has employed written exams and physical fitness tests that disproportionately disadvantaged certain groups.
The physical fitness test, according to the lawsuit, includes exercises such as a vertical jump, sit-ups, push-ups, a 300-meter run, a 1.5-mile run, and a pistol trigger pull. Data from 2016 through August 2019 shows that 87.6% of male applicants passed the test, compared to only 45.5% of female applicants.
The lawsuit argues that the fitness test is neither job-related nor consistent with business necessity and suggests that alternative, less discriminatory testing methods could have been used instead.
The suit also challenges a written exam used by the police department during the hiring process. Since 2016, 84.1% of white applicants passed the exam, compared to only 62.8% of Black applicants.
The DOJ is seeking a court order to ensure South Bend uses lawful and fair tests in its hiring process. Additionally, it seeks remedies for the affected female and Black applicants, including back pay and job offers with retroactive seniority. Source: WNDU
