Female, black applicants who failed Maryland State Police tests likely to receive $2.75M in back pay from discrimination suit

The Maryland Department of State Police agreed to settle a Department of Justice lawsuit to the tune of $2.75 million, which will provide back pay to female and black applicants who failed the physical fitness and written tests.

The physical fitness exam, called the Functional Fitness Assessment Test, required applicants to complete 18 push-ups in one minute, 27 sit-ups in one minute, run 1.5 miles within 15 minutes and 20 seconds, and reach approximately 1.5 inches past their toes while seated. Candidates were allowed to take the test up to three times in one year.

“The rate at which female applicants passed the FFAT at least once is statistically significantly lower than the rate at which male applicants passed the FFAT at least once; and the female applicant pass rate is less than 80% of the male applicant pass rate,” the complaint read.

The written exam, the Police Officer Selection Test, included four components: mathematics, reading comprehension, grammar, and report writing skills. To pass, candidates had to achieve an aggregate score of at least 70% on all sections combined and minimally 70% on reading comprehension, grammar, and report writing skills. There was no minimum required score for the math component. Candidates could take the test four times within a year.

The lawsuit said that roughly 91% of white and 71% of black applicants passed at least once.

The lawsuit claimed that both the FFAT and the POST, which are used by MDSP to screen trooper applicants, are “not job related or consistent with business necessity.”

The DOJ argued that MDSP’s screening “results in a disparate impact” on female and black candidates.

“MDSP’s use of the POST has disproportionately excluded African-American applicants, and its use of the FFAT has disproportionately excluded female applicants, from employment as troopers,” the lawsuit stated.

MDSP was accused of violating Title VII of the Civil Rights Act, which prohibits employment discrimination based on race, color, religion, sex, and national origin.

On Wednesday, the DOJ announced that the MDSP has agreed to settle the lawsuit.

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