UPDATE: South Bend responds to lawsuit filed by Department of Justice Friday

UPDATE: At 2:42 p.m. the City of South Bend released a statement stating that it will "vigorously defend" itself against the lawsuit filed by the U.S. Department of Justice on Friday.

The city say it only learned of the lawsuit through a press release from the DOJ and has not been formally served.  

"The city has consistently sought to build a diverse workforce, while it fulfills the requirements of state law, and makes sure that applicants can perform the job responsibilities of a South Bend police officer," the city said in a statement.

South Bend officials say the written and physical exams that are under fire fully comply with Indiana legal regulations and are similar to those used by the Indiana State Police. 

“The city is committed to recruiting a workforce that represents the community we serve, and the city is proud of the progress we have made over the past several years,” said Mayor James Mueller.

Full statement from the City of South Bend:

The City of South Bend will vigorously defend a lawsuit filed today by the Department of Justice, which accuses the City’s Police Department of unlawful hiring practices.

The City learned of the filing through the DOJ’s press release and has not yet been formally served with the Complaint. Based on a preliminary review, the DOJ is not accusing the City of intentional discrimination. Instead, the lawsuit claims that the City Police Department’s hiring process and testing for new officers has had a disparate impact on female and African American applicants.

The City has consistently sought to build a diverse workforce, while it fulfills the requirements of state law, and makes sure that applicants can perform the job responsibilities of a South Bend police officer.

The South Bend Police Department believes its screening process fairly measures a candidate’s ability to perform the job. Like every other city in Indiana, South Bend must ensure its officers meet certain minimum criteria. Unlike every city in Indiana, South Bend allows every applicant multiple attempts at the physical examination per hiring cycle.

In its lawsuit, the DOJ accuses the SBPD of requiring a physical test that allegedly disproportionately screens women. However, the City’s requirements are consistent with the ILEA, the Indiana Law Enforcement Academy (an agency created by Indiana law), which sets the minimum physical standards for police officers in Indiana.

The DOJ’s lawsuit also attacks the SBPD’s written test, which is administered by an outside firm and is similar to written tests in other Indiana police departments, including the Indiana State Police. South Bend has regularly evaluated its written test to make sure it is fair and non-biased. Importantly, all SBPD applicants are invited to free tutoring sessions to prepare for the written test.

SBPD is confident that its standard applicant process results in high quality officers to protect and serve the City.

“I am beyond disappointed that the DOJ has not been forthcoming with how these claims were determined in the first place,” said South Bend Police Chief Scott Ruszkowski. “Our hiring process, which includes females and African American applicants, has been consistent over the last ten years and led to an increasingly diverse department, especially over the past several years. We have even asked the outside testing company to modify the written test to open the process to more applicants. We are, and have been, very transparent and inclusive in our hiring process. All requirements are listed online and meet State mandates, and more importantly, meet what our community expects in a professional police officer.”

From 2017 to 2023, SBPD hired 15 female officers and 29 officers of color, accounting for 12.6% and 24.4% of all new officers, respectively. Currently, 9.9% of all officers are females and 11.5% of all officers are black – the highest percentage of black officers since at least 2012. Nationally, female officers make up 13.5% of local police departments and black officers make up 11.6%.[1]

The City, which has been cooperating with the DOJ during its investigation, believes the DOJ’s lawsuit ignores the City’s obligations to comply with state law, will cause a delay in the City’s hiring processes, and amounts to a waste of taxpayer resources.

“The City is committed to recruiting a workforce that represents the community we serve, and the City is proud of the progress we have made over the past several years,” said Mayor James Mueller.

“Our police department has worked diligently to increase the number of officers from underrepresented groups and to follow the letter and spirit of Indiana and federal law. Although the costs of this targeted litigation will be borne by federal and local taxpayers, the City will not voluntarily agree to federal control. We hope that common sense will prevail during the judicial process.”

ORIGINAL: SOUTH BEND, Ind. -- The United States Justice Department filed a lawsuit against the City of South Bend on Friday alleging that the department's hiring practices for entry-level police officers violates Title VII of the Civil Rights Act.

The lawsuit claims specifically that SBPD uses a written exam that discriminates against Black applicants and a physical fitness test that discriminates against female applicants.

“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 Justice Department is committed to equal access to employment opportunities in the policing sector so that all qualified applicants have a fair chance to protect and serve their communities.”

The full statement from the United States Justice Department on the lawsuit: 

The Justice Department filed a lawsuit today against the City of South Bend, Indiana, alleging that the hiring process for entry-level police officers at the South Bend Police Department (SBPD) violates Title VII of the Civil Rights Act. Specifically, the department alleges that South Bend uses a written examination that discriminates against Black applicants and a physical fitness test that discriminates against female applicants.

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.

“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 Justice Department is committed to equal access to employment opportunities in the policing sector so that all qualified applicants have a fair chance to protect and serve their communities.”

The lawsuit stems from a pattern and practice investigation launched by Civil Rights Division in 2021 into SBPD’s hiring practices. The investigation found that SBPD’s written examination and physical fitness test do not meaningfully distinguish between applicants who can and cannot perform the position of entry-level police officer. 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’s bar on discrimination in employment.

Filed in the Northern District of Indiana, the lawsuit alleges that, since at least 2016, South Bend has used a written examination that has disproportionately excluded Black applicants and a physical fitness test that has disproportionately excluded female applicants from consideration for police officer positions. The complaint asserts that South Bend’s uses of these tests are neither job related nor consistent with business necessity, and thus, violate Title VII.

The Justice Department is seeking a court order to ensure that South Bend uses only lawful tests in its entry-level police officer hiring process. The department also seeks relief for Black and female applicants disqualified by the challenged tests, including back pay and, for those who can successfully complete the new lawful selection process, job offers with retroactive seniority.

The full and fair enforcement of Title VII is a top priority of the Civil Rights Division. The division recently proposed consent decrees to resolve lawsuits challenging similarly discriminatory hiring processes at the Maryland Department of State Police and the Durham Fire Department. The division has issued a 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.