The Justice Department has reached a settlement with the City of Durham, North Carolina, to address claims that the city's fire department's hiring practices violate Title VII of the Civil Rights Act. The department alleges that the written test used by the Durham Fire Department (DFD) discriminates against Black candidates.
Title VII prohibits employment discrimination based on race, sex, color, national origin, and religion. It covers both intentional discrimination and practices resulting in disparate impacts on protected groups unless justified as job-related and necessary for business.
The agreement concludes an investigation initiated by the Civil Rights Division in February 2020. The division found that DFD's written test did not effectively differentiate between qualified and unqualified firefighter applicants and disproportionately disqualified Black candidates. Consequently, it was determined to be in violation of Title VII.
Assistant Attorney General Kristen Clarke stated, "Discriminatory employment tests do more than cost applicants a fair chance to compete for public service jobs like firefighting; they also prevent communities from being served in these crucial positions by the most qualified candidates for the job." She emphasized that under-representation of Black individuals in fire departments affects public safety efforts.
U.S. Attorney Sandra J. Hairston added, "Employers should identify and eliminate practices that have a disparate impact based on race."
A complaint filed in the Middle District of North Carolina alleges that DFD's use of the Comprehensive Examination Battery (CEB) excludes Black candidates at disproportionate rates without being job-related or necessary for business.
As part of the consent decree filed alongside the complaint, DFD will implement a non-discriminatory written test and provide data to ensure compliance with Title VII. Additionally, $980,000 will be paid as back pay to affected applicants. Up to 16 applicants who were previously disqualified may be hired if they pass a new selection process.
The enforcement of Title VII remains a priority for the Civil Rights Division, which has issued guidance on combating hiring discrimination within police and fire departments.