Justice Department Sues South Bend, Indiana, for Discriminating Against Black and Female Police Officer Applicants

The Justice Department filed a lawsuit today against the City of South Bend, Indiana, alleging that the hiring process for entry-level police officers at the South Bend Police Department (SBPD) violates Title VII of the Civil Rights Act. Specifically, the department alleges that South Bend uses a written examination that discriminates against Black applicants and a physical fitness test that discriminates against female applicants.

Title VII is a federal statute that prohibits employment discrimination based on race, sex, color, national origin and religion. Title VII prohibits not only intentional discrimination but also employment practices that result in a disparate impact on a protected group, unless such practices are job related and consistent with business necessity.

“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 stems from a pattern and practice investigation launched by Civil Rights Division in 2021 into SBPD’s hiring practices. The investigation found that SBPD’s written examination and physical fitness test do not meaningfully distinguish between applicants who can and cannot perform the position of entry-level police officer. These tests also had the effect of disqualifying Black and female applicants from the hiring process at significantly disproportionate rates. The department thus concluded that these tests violate Title VII’s bar on discrimination in employment.

Filed in the Northern District of Indiana, the lawsuit alleges that, since at least 2016, South Bend has used a written examination that has disproportionately excluded Black applicants and a physical fitness test that has disproportionately excluded female applicants from consideration for police officer positions. The complaint asserts that South Bend’s uses of these tests are neither job related nor consistent with business necessity, and thus, violate Title VII.

The Justice Department is seeking a court order to ensure that South Bend uses only lawful tests in its entry-level police officer hiring process. The department also seeks relief for Black and female applicants disqualified by the challenged tests, including back pay and, for those who can successfully complete the new lawful selection process, job offers with retroactive seniority.

The full and fair enforcement of Title VII is a top priority of the Civil Rights Division. The division recently proposed consent decrees to resolve lawsuits challenging similarly discriminatory hiring processes at the Maryland Department of State Police and the Durham Fire Department. The division has issued a fact sheet on combating hiring discrimination by police and fire departments to help applicants for public safety jobs understand their Title VII rights to be free from discriminatory hiring processes. More information about the Civil Rights Division can be found at www.justice.gov/crt.