The Justice Department has reached an agreement with Cobb County, Georgia, to resolve allegations that the county violated Title VII of the Civil Rights Act by employing discriminatory hiring practices against African American firefighter candidates. The alleged discriminatory measures included credit checks and a written exam.
As part of the settlement, Cobb County has ceased using these hiring practices and will compensate disqualified applicants with $750,000 in back pay. Additionally, up to 16 of those applicants will be offered employment with retroactive seniority.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division commented on the settlement, saying, “This settlement should send a strong message to employers that reliance on a job applicant’s credit history may be discriminatory and unlawful.” She added that such practices not only deprive candidates of fair opportunities but also prevent public services from benefiting from a diverse workforce.
U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia echoed these sentiments, emphasizing that all individuals deserve equal opportunities for employment regardless of race. He pledged continued efforts to eliminate prejudicial policies that unfairly hinder qualified candidates.
The lawsuit filed by the department in the Northern District of Georgia claimed that Cobb County's firefighter hiring process was discriminatory in two ways: screening out candidates based on their credit histories and ranking candidates based on their performance on a written examination designed for college placement level determination. The department alleges that these practices disproportionately excluded African Americans from consideration without providing evidence that those who advanced were more qualified for firefighter positions.
Title VII is a federal statute prohibiting employment discrimination based on race, sex, color, national origin, and religion. It not only prohibits intentional discrimination but also employment practices resulting in disparate impact upon protected groups unless such practices are job-related and consistent with business necessity.
Enforcing Title VII is a top priority for the Civil Rights Division. More information about this division can be found at www.justice.gov/crt and www.justice.gov/crt/employment-litigation-section.
Attorneys Brian McEntire and Juliet Gray of the Civil Rights Division’s Employment Litigation Section, along with Deputy Chief Aileen Bell Hughes for the Northern District of Georgia’s Public Integrity & Civil Rights Section, are managing this case.