SOUTH BEND, Ind. (WISH) — The U.S. Department of Justice filed a lawsuit against the city of South Bend, alleging that the South Bend Police Department (SBPD) employs hiring practices that violate Title VII of the Civil Rights Act.

The lawsuit claims that the written examination and physical fitness test used for entry-level police officer positions disproportionately discriminate against Black and female applicants.

Title VII prohibits employment discrimination based on race, sex, and other protected categories. It addresses not only intentional discrimination, but also practices that result in a disparate impact unless they are job-related and consistent with business necessity.

“Equal employment opportunity is critical to ensuring that law enforcement agencies do not unfairly exclude otherwise eligible job applicants based on discriminatory practices,” said Assistant Attorney General Kristen Clarke, of the Justice Department’s Civil Rights Division. “Discriminatory barriers that deny qualified Black and female applicants the opportunity to be police officers violate civil rights and undermine public safety efforts.”

The lawsuit follows an investigation initiated by the Civil Rights Division in 2021, which concluded that the SBPD’s testing methods do not effectively evaluate candidates’ abilities to perform the role of entry-level police officers. The written exam and physical fitness test were found to disqualify Black and female candidates at significantly higher rates than their peers.

Filed in the Northern District of Indiana, the complaint asserts that the South Bend Police Department has utilized these tests since at least 2016, resulting in a discriminatory impact on Black and female applicants. The Justice Department is seeking a court order requiring the city to revise its hiring practices to comply with federal law, along with remedies for affected applicants, including back pay and potential job offers with retroactive seniority.

In response, South Bend officials announced they would vigorously defend against the lawsuit.

Officials noted that the DOJ’s claims do not assert intentional discrimination, but highlight a disparate impact on female and African American applicants.

City officials maintain that they strive for a diverse workforce while adhering to state law and ensuring that candidates can fulfill the responsibilities of a police officer. According to city officials, the SBPD’s screening process is fair and aligns with the standards set by the Indiana Law Enforcement Academy.

City officials on Friday claimed that from 2017 to 2023, the SBPD hired 15 female officers and 29 officers of color, which represents 12.6% and 24.4% of new hires, respectively. 9.9% of South Bend officers are female and 11.5% are Black, marking the highest representation of Black officers since at least 2012.

City officials did not provide evidence to support their claims.