The Justice Department has initiated legal action against the City of South Bend, Indiana, accusing it of discriminatory practices in its police officer hiring process. The lawsuit claims that the South Bend Police Department's (SBPD) methods violate Title VII of the Civil Rights Act by employing a written examination that discriminates against Black applicants and a physical fitness test that disadvantages female applicants.
Title VII prohibits employment discrimination based on race, sex, color, national origin, and religion. It addresses both intentional discrimination and practices that have a disparate impact on protected groups unless such practices are 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," stated Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. She added that discriminatory barriers against qualified Black and female applicants undermine public safety efforts.
The lawsuit is rooted in an investigation by the Civil Rights Division launched in 2021 into SBPD's hiring procedures. The investigation concluded that both the written exam and physical fitness test failed to effectively evaluate candidates' abilities to perform as entry-level police officers. These tests reportedly disqualified Black and female applicants at disproportionately high rates, thus violating Title VII's provisions against employment discrimination.
Filed in the Northern District of Indiana, the complaint alleges that since at least 2016, South Bend's hiring tests have unjustly excluded Black and female candidates from consideration for police officer roles. The Justice Department contends these assessments are neither relevant to job performance nor consistent with business necessity.
The department seeks a court mandate requiring South Bend to implement lawful testing procedures for hiring entry-level police officers. Additionally, it seeks remedies for affected Black and female applicants, including back pay and potential job offers with retroactive seniority for those who pass a revised selection process.
Ensuring compliance with Title VII remains a priority for the Civil Rights Division. Recently, it proposed consent decrees to address similar issues within other public safety departments. A fact sheet has been issued by the division to educate applicants about their rights under Title VII concerning non-discriminatory hiring processes in public safety jobs.
