JUSTICE DEPARTMENT SUES CITY OF ERIE, PENNSYLVANIA ALLEGING SEX DISCRIMINATION IN POLICE HIRING

WASHINGTON, D.C. - The Department of Justice today announced the filing of a lawsuit against the City of Erie, Pennsylvania, alleging sex discrimination in police hiring. The complaint, filed in the United States District Court for the Western District of Pennsylvania, alleges that the city has engaged in a “pattern or practice” of discrimination against women through its use of an unjustified physical ability test in selecting entry-level police officers.

“It is critical that police recruits must have the physical abilities required to perform with confidence the demanding duties of a patrol officer,” said R. Alexander Acosta, Assistant Attorney General for the Civil Rights Division. “Nevertheless, that need cannot be used as a vehicle for discriminating against women who are capable of performing those duties. Police departments around the country should tailor their hiring criteria to their actual needs and responsibilities.”

According to the complaint, since 1996 only 13 percent of female candidates have passed the test, while 71 percent of male candidates have done so over the same period. The Department’s investigation revealed that the test would have disqualified several female city of Erie police officers serving on the force at the time of its adoption. The complaint contends that the city has not demonstrated that the test is “job related” and “consistent with business necessity,” as required by federal law.

Mary Beth Buchanan, United States Attorney for the Western District of Pennsylvania, where the lawsuit was filed, said, “Federal and state employment laws require employers to follow a policy of non-discrimination for both male and female employees. The city of Erie, by using a test which screens out female applicants for entry-level police positions, is engaging in a discriminatory hiring policy which must be remedied.”

The filing of this lawsuit reflects the Civil Rights Division’s ongoing commitment to actively and affirmatively enforcing federal employment discrimination laws. Since June 2003, the Civil Rights Division has opened 62 employment-related investigations of state and local government employers, 13 into individual claims of discrimination, and 49 into allegations of systemic “pattern or practice” violations. Over that same period, the Division has been authorized to file, or has filed, seven lawsuits, three of which have sought systemic relief, including today’s lawsuit against the city of Erie. Cases seeking systemic relief require a substantial dedication of resources, and complex statistical modeling.

This lawsuit will be prosecuted by the Employment Litigation Section of the Civil Rights Division with assistance from the Civil Division of the U.S. Attorney’s Office for the Western District of Pennsylvania.. Additional information about the Employment Litigation Section is available on the Department of Justice's website at <http://www.usdoj.gov/crt/emp/index.html.>

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