Maryland Flag (File)

DOJ Reaches Settlement With Maryland State Police Over ‘Discriminatory’ Hiring Practices

Maryland Flag (File)
Maryland Flag (File)

The Justice Department announced Wednesday a settlement agreement with the Maryland Department of State Police (MDSP) to resolve claims that MDSP’s hiring practices for state troopers violated Title VII of the Civil Rights Act.

The United States alleged that MDSP’s use of a written test discriminated against Black candidates, while its physical fitness test disproportionately excluded female candidates. The settlement, which still requires approval by a federal judge, aims to remedy these discriminatory practices.

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The agreement follows a civil pattern and practice investigation initiated by the Justice Department’s Civil Rights Division on July 15, 2022. During the investigation, the department reviewed MDSP’s hiring practices, personnel composition, and applicant data.

The investigation revealed that MDSP’s written and physical fitness tests did not effectively distinguish between applicants’ ability to perform the job of a trooper but instead unfairly disqualified Black and female candidates at disproportionate rates. The department concluded that these practices violated Title VII of the Civil Rights Act.

“Equal employment opportunities in law enforcement are not just a core civil right but essential to ensuring that those who serve reflect the rich racial and gender diversity of the communities they are sworn to protect,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The underrepresentation of Blacks and women in law enforcement undermines public safety and runs contrary to the principle of equal opportunity which is central in our job market. This agreement requires the Maryland Department of State Police to institute meaningful reforms, remove unlawful barriers in its hiring process, and provide restitution and relief to those already harmed, ensuring that all qualified applicants have a fair chance to serve. The Justice Department will continue working to ensure equal access to employment opportunities for all Americans.”

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“This settlement agreement is a reflection of our continued mission to protect the civil rights of all Marylanders, including those of our sworn law enforcement officers,” said U.S. Attorney Erek L. Barron for the District of Maryland. “Law enforcement agencies have a responsibility to protect all citizens equally. We are pleased that MDSP is committed to ensuring that its hiring processes will not discriminate on the basis of race or gender.” 

The complaint, filed Wednesday in the District of Maryland, alleges that MDSP’s written Police Officer Selection Test (POST) disproportionately excluded Black candidates, while its physical Functional Fitness Assessment Test (FFAT) disproportionately excluded female candidates. The Justice Department contended that neither test was job-related or consistent with business necessity, thus violating Title VII.

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As part of the settlement, MDSP will:

  • Implement written and physical fitness tests that comply with Title VII and do not discriminate;
  • Provide data to the Justice Department on the administration of these new tests to ensure compliance;
  • Pay $2.75 million in back pay to applicants who were disqualified by the previous tests; and
  • Hire up to 25 applicants who were unfairly disqualified and who successfully complete MDSP’s new selection process.

Title VII of the Civil Rights Act prohibits employment discrimination based on race, sex, color, national origin, and religion. It also bans employment practices that disproportionately impact protected groups, unless such practices are job-related and consistent with business necessity.

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The case is being handled by Senior Trial Attorneys Emily Given and Cheyenne N. Chambers of the Civil Rights Division’s Employment Litigation Section and Assistant U.S. Attorney Kimberly Phillips for the District of Maryland.

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