The Department of Justice (DOJ) filed a complaint on October 11 in the United States District Court for the North District of Indiana alleging that the South Bend Police Department (SBPD) violated Title VII of the Civil Rights Act of 1964. Specifically, the DOJ accuses the SBPD of using a written test and physical fitness test to screen police officer applicants, which results in disparate acceptance rates for African Americans and women, respectively.
The SBPD uses a written exam developed by the Indiana-based company Testing For Public Safety, LLC. The city of South Bend says the DOJ’s lawsuit unfairly “attacks the SBPD’s written test, which is…similar to written tests in other Indiana police departments, including the Indiana State Police,” reports WSBT22.
The Indiana State Police provides an official study guide for the written exam, which consists of eight multiple-choice sections designed to measure a range of cognitive skills: learn and apply knowledge; observe and accurately describe events and objects; remember identifying information; remember spatial relationships and where objects are located; complete routine forms; communicate using appropriate grammar; communicate in writing—spelling; and ability to solve work-related arithmetic.
Basic arithmetic, reading comprehension, spelling, and grammar are essential skills for most occupations. The other sections of the test assess abilities relevant to policing. Yet, the DOJ claims that the “use of these tests is not job related or consistent with business necessity.”
The SBPD’s physical fitness test requires applicants to jump 13.5 inches, complete 24 sit-ups in one minute, run 300 meters in 82 seconds, do 21 push-ups, run 1.5 miles in 18 minutes and 56 seconds (that’s a 12-minute 37-second mile), and pull a pistol trigger six times in 10 seconds. By comparison, these standards are easier than the FitnessGram PACER Test given to New York high school students.
The DOJ recognizes that “moving people away from danger…pursuing and apprehending suspects; and testifying in court and preparing for such testimony by reviewing reports and notes” are responsibilities police officers must be able to perform. These activities necessitate screening criteria.
Hellbound and Down 