The U.S. Justice Department filed a lawsuit today against the City of South Bend, alleging that the hiring process for entry-level police officers discriminates against Black and female applicants.
The justice department alleges that South Bend police use a written exam that discriminates against Black applicants and a physical fitness test that discriminates against women.
The lawsuit is filed in the Northern Indiana District federal court. In a press release, the Justice Department says such tests “do not meaningfully distinguish between applicants who can and cannot perform the position of entry-level police officer.”
The lawsuit stems from a 2021 pattern and practice investigation into the department’s hiring practices launched by the justice department’s Civil Rights Division. It was unclear what prompted the investigation.
The suit alleges that these tests, since at least 2016, had the effect of disqualifying Black and female applicants from the hiring process at significantly disproportionate rates.
The department 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.
City and police officials declined WVPE’s interview request. In a statement, Mayor James Mueller said the department has increasingly hired more women and Black applicants in recent years. Mueller said the department bases its testing on state law, and he vowed to “vigorously” defend the lawsuit.
From 2017 to 2023, SBPD says it hired 15 female officers and 29 officers of color, accounting for 12.6% and 24.4% of all new officers, respectively. Currently, 9.9% of all officers are females and 11.5% of all officers are black — the highest percentage of Black officers since at least 2012.
In the statement, the city says it believes the lawsuit ignores the its obligations to comply with state law, will cause a delay in hiring officers, and is a waste of taxpayer resources.
“Our police department has worked diligently to increase the number of officers from underrepresented groups and to follow the letter and spirit of Indiana and federal law," Mueller said in the statement. "Although the costs of this targeted litigation will be borne by federal and local taxpayers, the city will not voluntarily agree to federal control. We hope that common sense will prevail during the judicial process.”
The Justice Department's Civil Rights Division has brought nearly identical cases against the Maryland State Police and the Durham (N.C.) Fire Department.
