The U.S. Department of Justice (DOJ) filed a lawsuit today against the City of South Bend, Indiana, alleging that the city’s hiring process for entry-level police officers violates the Civil Rights Act by discriminating against Black and female applicants. The lawsuit claims that the South Bend Police Department (SBPD) uses a written exam that disproportionately excludes Black applicants and a physical fitness test that unfairly disadvantages female candidates, in violation of Title VII of the Civil Rights Act of 1964.
Title VII prohibits employment discrimination based on race, sex, color, national origin, and religion. It bars not only intentional discrimination but also employment practices that disproportionately affect protected groups unless those practices are proven to be job-related and necessary for business operations.
“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 DOJ’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 lawsuit stems from a pattern and practice investigation launched in 2021 by the DOJ’s Civil Rights Division, which scrutinized SBPD’s hiring processes. The investigation concluded that both the written exam and the physical fitness test used to evaluate candidates for entry-level police officer positions fail to effectively measure job-related abilities. As a result, Black and female applicants were disproportionately disqualified from the hiring process, which the DOJ argues violates the legal standards established under Title VII.
According to the DOJ’s complaint, South Bend has relied on these flawed tests since at least 2016, with Black applicants facing higher failure rates on the written exam and female applicants disproportionately failing the physical fitness test. The Justice Department asserts that these tests are not properly aligned with the actual requirements of the job and, as such, South Bend’s continued use of them constitutes unlawful discrimination.
The DOJ is seeking a court order to compel South Bend to adopt lawful, nondiscriminatory tests in its hiring process for police officers. Additionally, the department seeks remedies for the affected applicants, including back pay and retroactive job offers for those who qualify under a new, fairer hiring process.
This lawsuit is part of the Justice Department’s broader effort to ensure that police and fire departments across the country adhere to fair hiring practices. The Civil Rights Division recently reached similar agreements with the Maryland Department of State Police and the Durham Fire Department.
The DOJ has also issued resources, including a fact sheet, to help applicants for public safety jobs understand their rights under Title VII to be free from discriminatory hiring practices. Further details about the DOJ’s Civil Rights Division and its work can be found at www.justice.gov/crt.