The City of South Bend is facing a lawsuit, after the Department of Justice (DOJ) argued that its police department has been discriminating against some entry-level applicants.

The DOJ says the City of South Bend has been violating Title VII of the Civil Rights Act. Title VII is meant to protect against discrimination in regard to factors like race, sex, and skin color.

Essentially, the organization believes that the SBPD’s written exam has discriminated against Black applicants, and its physical exam has discriminated against female applicants, since at least 2016. These tests apparently fail to “distinguish” between those “who can and cannot perform the position.”

So, the DOJ’s lawsuit hopes to address this by ultimately requiring the city to use “only lawful tests in its…hiring process.”

It also hopes to provide “relief” like back pay and retroactive seniority for applicants who initially lost opportunities because of the exams, but then successfully re-apply under the new process.

The City of South Bend has responded to the lawsuit with the following statement:

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.”

^[1] Local Police Departments Personnel, 2020. United States Department of Justice, November 2022.