The City of South Bend, Indiana is facing a lawsuit from the Justice Department over allegations of discriminatory hiring practices within its police department. The lawsuit claims that the South Bend Police Department (SBPD) utilizes a written exam and a physical fitness test that unfairly disadvantage Black and female applicants, respectively.
The Justice Department asserts that these hiring practices violate Title VII of the Civil Rights Act, which prohibits employment discrimination based on race, sex, color, national origin, and religion.
While Title VII explicitly prohibits intentional discrimination, it also covers employment practices that have a disparate impact on protected groups, even if unintentional, unless those practices are demonstrably job-related and necessary for business operations.
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The lawsuit, filed in the Northern District of Indiana, follows a two-year investigation by the Justice Department’s Civil Rights Division. The investigation concluded that the SBPD’s written exam and physical fitness test do not effectively measure an applicant’s ability to perform the duties of an entry-level police officer. Furthermore, the tests were found to disproportionately disqualify Black and female applicants.
“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.”
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The lawsuit seeks a court order requiring South Bend to revise its hiring process and utilize only lawful and non-discriminatory tests for entry-level police officer positions.
Additionally, the Justice Department is seeking relief for Black and female applicants who were previously disqualified by the discriminatory tests, including back pay and potential job offers with retroactive seniority for those who successfully complete a revised selection process.
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