The Department of Justice (DOJ) has determined that the Maryland Department of State Police will pay $2.75 million in back pay to black and female applicants who failed its hiring tests. According to the DOJ, black applicants failed the written test at a higher rate than white applicants, and female applicants were less likely to pass the physical fitness test compared to their male counterparts. As a result, the DOJ concluded that the tests were discriminatory based on race and sex.
Last week, the DOJ announced a settlement agreement with the Maryland Department of State Police, which includes the payment to those who failed the test, as though they had been hired and passed. Additionally, the department is required to revise its testing process to ensure equal pass rates among black and female applicants.
Currently, the written exam consists of 75 questions on basic topics such as math, reading, and grammar, as well as a section on writing police reports. To pass, applicants need an aggregate score of 70 percent and must score at least 70 percent in the reading, grammar, and report writing sections, according to the Daily Wire. The test includes questions at an elementary school level, such as basic math and reading comprehension, including telling time. Applicants are allowed to take the test four times within a 12-month period. If they fail to score 70 percent, they must wait a year before attempting the test again.
According to the lawsuit, since 2017, approximately 91 percent of white applicants passed the written test, compared to 71 percent of black applicants. Due to this disparity, the DOJ concluded that the test violated Title VII of the Civil Rights Act, deeming it discriminatory against black applicants.
The physical fitness test requires applicants to complete 18 push-ups in one minute, 27 sit-ups in one minute, stretch about 1.5 inches past their toes, and run 1.5 miles in 15 minutes and 20 seconds. Applicants may take the physical test three times a year. The DOJ found that 81 percent of male applicants passed the physical test, compared to only 51 percent of female applicants. This difference in pass rates led the DOJ to also label the test discriminatory against women.
In a statement, the DOJ said that the police officer selection test and the functional fitness assessment “are not job-related or consistent with business necessity, and thus, violate Title VII.”
Reflecting the ideas of racial activists like Ibram X. Kendi, the DOJ’s conclusion is that the testing system must be inherently racist and sexist because of the unequal outcomes. As part of the settlement, the Maryland Department of State Police must now implement new written and physical tests that result in equal pass rates across race and gender, which will likely lead to lowered standards for the position.
