The U.S. Department of Justice has reached a settlement with the Maryland Department of State Police (MDSP) over allegations that its hiring practices for state troopers violate Title VII of the Civil Rights Act. The claims centered on the use of a written test, which allegedly discriminates against Black candidates, and a physical fitness test, which allegedly discriminates against female candidates. A federal judge must still approve the agreement.
The settlement follows an investigation by the Justice Department's Civil Rights Division, initiated on July 15, 2022. The division reviewed MDSP’s hiring procedures and applicant data and found that both tests did not effectively differentiate between qualified and unqualified applicants. Instead, they disproportionately disqualified Black and female candidates from consideration for trooper positions.
Assistant Attorney General Kristen Clarke emphasized the importance of equal employment opportunities in law enforcement: “Equal employment opportunities in law enforcement are not just a core civil right but essential to ensuring that those who serve reflect the rich racial and gender diversity of the communities they are sworn to protect.” She added that this agreement would help remove barriers in MDSP's hiring process and provide restitution to those affected.
U.S. Attorney Erek L. Barron for the District of Maryland stated, “This settlement agreement is a reflection of our continued mission to protect the civil rights of all Marylanders, including those of our sworn law enforcement officers.”
A complaint filed in the District of Maryland accuses MDSP's use of the Police Officer Selection Test (POST) and Functional Fitness Assessment Test (FFAT) as disproportionately excluding Black and female candidates from employment as troopers. It argues these tests are neither job-related nor necessary for business purposes.
As part of the consent decree terms, MDSP will adopt new non-discriminatory tests compliant with Title VII, share data with federal authorities to ensure adherence, pay $2.75 million in back pay to affected applicants, and hire up to 25 individuals previously disqualified under prior testing procedures who pass new screening processes.
Title VII prohibits employment discrimination based on race, sex, color, national origin, or religion unless such practices are job-related or consistent with business necessity.
For more details about this case or other initiatives by the Civil Rights Division regarding discriminatory hiring practices in public safety jobs can be accessed through their official website at www.justice.gov/crt.
Senior Trial Attorneys Emily Given and Cheyenne N. Chambers from the Civil Rights Division’s Employment Litigation Section alongside Assistant U.S. Attorney Kimberly Phillips for Maryland are overseeing this matter.