MARYLAND (DC News Now) — The Maryland Department of State Police (MDSP) will have to pay $2.75 million to settle a discrimination lawsuit claiming the hiring process for state troopers discriminates against Black and female candidates.
Specifically, the United States alleged that MDSP uses a written test – the Police Officer Selection Test (POST) – that discriminates against Black candidates and a physical fitness test – the Functional Fitness Assessment Test (FFAT) – that discriminates against female candidates, violating Title VII of the Civil Rights Act.
In July of 2022, the U.S. Attorney’s Office (USAO) in Maryland launched a civil pattern and practice investigation into MDSP’s hiring and promotion practices.
According to a USAO news release, at the end of their investigation, officials concluded that the state’s written and physical fitness tests disqualified Black and female applicants at “significantly disproportionate rates,” violating Title VII.
The tests also do not “meaningfully distinguish between applicants who can and cannot perform the position of Trooper,” the USAO noted.
The complaint said the POST and the FFAT are not job-related or consistent with business necessity. In using these tests, the department engaged in a “pattern or practice of employment discrimination against African-American and female applicants for troopers.”
The POST has been used since at least 2017, the complaint noted. Since then, the rate at which Black applicants passed at least once is “statistically lower than the rate at which white applicants passed.”
Black applicants’ pass rates were less than 80% of white applicants’ pass rates, according to the filing.
In settling, MDSP will have to do the following:
- Pay $2.75 million to Black and female officer candidates disqualified by the hiring tests DOJ found unlawful;
- Offer priority hiring opportunities to 25 previously disqualified candidates who satisfy MDSP’s lawful hiring requirements;
- Adopt lawful written and physical fitness test;
- Provide data do the United States on the administration of the new tests to ensure compliance.
In response to the settlement, MDSP stated, in part, “The Maryland State Police is fully committed to meeting the consent decree guidelines set forth by the U.S. Department of Justice and remains fully dedicated to supporting our sworn personnel, protecting our communities, and serving the people of Maryland.”
The agreement must still be approved by a federal judge, the USAO noted.