The lawsuit follows a Civil Rights Division investigation initiated in 2021, which examined SBPD’s hiring practices. Findings indicated that the written examination and physical fitness test failed to accurately assess candidates' abilities to perform the role of entry-level police officer.
In a significant legal move, the Justice Department has filed a lawsuit against the City of South Bend, Indiana, claiming that the hiring process for entry-level police officers at the South Bend Police Department (SBPD) violates Title VII of the Civil Rights Act. The lawsuit alleges that the department's written examination discriminates against Black applicants, while the physical fitness test disproportionately impacts female candidates.
Title VII is a federal law that prohibits employment discrimination based on race, sex, color, national origin, and religion. It not only addresses intentional discrimination but also targets employment practices that result in a disparate impact on protected groups, unless these practices are essential for the job.
“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 follows a Civil Rights Division investigation initiated in 2021, which examined SBPD’s hiring practices. Findings indicated that the written examination and physical fitness test failed to accurately assess candidates' abilities to perform the role of entry-level police officer. Moreover, these tests disqualified Black and female applicants at significantly higher rates.
Filed in the Northern District of Indiana, the lawsuit claims that since at least 2016, South Bend has employed a written exam that disproportionately excludes Black candidates and a fitness test that affects female candidates. The complaint argues that these testing methods are neither relevant to the job nor justified by business necessity, thereby breaching Title VII.
The Justice Department is seeking a court order to mandate that South Bend implement lawful testing methods in its hiring process. Additionally, the department aims to secure relief for Black and female applicants who were disqualified by the contested tests, including back pay and job offers with retroactive seniority for those who successfully complete a new, lawful selection process.
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