Justice Department Secures Agreement with Maryland Department of State Police to Resolve Allegations of Race and Gender Discrimination in State Trooper Hiring Process

The Justice Department announced today that it has reached a settlement agreement with the Maryland Department of State Police (MDSP) to resolve the United States’ claims that MDSP’s hiring process for state troopers violates Title VII of the Civil Rights Act. Specifically, the United States alleges that MDSP uses a written test that discriminates against Black candidates and a physical fitness test that discriminates against female candidates. The agreement must still be approved by a federal judge.

The settlement agreement resolves a civil pattern and practice investigation the Civil Rights Division opened on July 15, 2022. As part of the investigation, the division conducted an in-depth review of MDSP’s hiring practices, the composition of its sworn personnel, applicant data, and information received from the Maryland State Police, and concluded the State’s written and physical fitness tests do not meaningfully distinguish between applicants who can and cannot perform the position of Trooper. These tests also had the effect of disqualifying Black and female applicants from the hiring process at significantly disproportionate rates. The department thus concluded that these tests violate Title VII.

“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,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The underrepresentation of Blacks and women in law enforcement undermines public safety and runs contrary to the principle of equal opportunity which is central in our job market. This agreement requires the Maryland Department of State Police to institute meaningful reforms, remove unlawful barriers in its hiring process, and provide restitution and relief to those already harmed, ensuring that all qualified applicants have a fair chance to serve. The Justice Department will continue working to ensure equal access to employment opportunities for all Americans.”

“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,” said U.S. Attorney Erek L. Barron for the District of Maryland. “Law enforcement agencies have a responsibility to protect all citizens equally. We are pleased that MDSP is committed to ensuring that its hiring processes will not discriminate on the basis of race or gender.” 

The complaint, filed today in the District of Maryland, alleges that MDSP’s use of a written test called the Police Officer Selection Test (POST) disproportionately excludes Black candidates, and its use of a physical fitness test called the Functional Fitness Assessment Test (FFAT) disproportionately excludes female candidates, from employment as troopers. The United States alleges that MDSP’s uses of the POST and the FFAT are not job related or consistent with business necessity, and thus, violate Title VII.

Under the terms of the consent decree, MDSP will:

• Adopt written and physical fitness tests that do not discriminate in violation of Title VII;
• Provide data to the United States on the administration of the new tests to ensure compliance;
• Pay $2.75 million in back pay to applicants who were disqualified by MDSP’s use of the challenged tests; and
• Hire up to 25 applicants who were unfairly disqualified by those tests and who successfully complete MDSP’s new trooper screening and selection process.

Title VII is a federal statute that prohibits employment discrimination based on race, sex, color, national origin, and religion. Title VII prohibits not only intentional discrimination but also employment practices that result in a disparate impact on a protected group, unless such practices are job related and consistent with business necessity.

You can learn more about the contents of the agreement from this fact sheet and a statement from Assistant Attorney General Clarke here.

The full and fair enforcement of Title VII is a top priority of the Civil Rights Division. The Division has issued a new fact sheet on Combating Hiring Discrimination by Police and Fire Departments to help applicants for public safety jobs understand their Title VII rights to be free from discriminatory hiring processes. More information about the Civil Rights Division can be found at www.justice.gov/crt.

Senior Trial Attorneys Emily Given and Cheyenne N. Chambers of the Civil Rights Division’s Employment Litigation Section and Assistant U.S. Attorney Kimberly Phillips for the District of Maryland are handling this matter.