DOJ Sues South Bend for bias against Black, female Police applicants

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SOUTH BEND, Ind.–The U.S. Justice Department has filed a lawsuit against the City of South Bend, Indiana, alleging that its police department’s hiring practices violate the Civil Rights Act of 1964, specifically Title VII.

The lawsuit comes after an investigation by the Civil Rights Division found that both Black applicants and female candidates were unfairly excluded from entry-level positions within the South Bend Police Department (SBPD) due to biased tests.

At the heart of this legal battle are two key discriminatory barriers: a written examination that disproportionately screens out Black candidates and a physical fitness test that disqualifies female applicants at significantly higher rates.

According to the Justice Department, these tests fail to meaningfully assess whether candidates can effectively perform as police officers. Instead, they have become tools of exclusion, creating a disparate impact on underrepresented groups, which is prohibited under Title VII.

Read the full lawsuit:

DOJ sues South Bend

Kristen Clarke, Assistant Attorney General for the Civil Rights Division, did not mince words about the severity of the case: “Discriminatory barriers that deny qualified Black and female applicants the opportunity to be police officers violate civil rights and undermine public safety efforts.”

Clarke emphasized that ensuring equal employment opportunities in law enforcement is critical, not only to civil rights but to the overall health of public safety.

Since 2016, the city of South Bend has used these flawed hiring practices, which the Justice Department argues are neither job-related nor necessary for effective policing. These practices have effectively barred otherwise qualified Black and female candidates from entering law enforcement.

The Justice Department is pushing for court-ordered reforms to ensure South Bend employs lawful hiring practices moving forward. Additionally, they are advocating for back pay and retroactive seniority for Black and female applicants who were disqualified due to the biased tests. For those who successfully pass the new, lawful selection process, job offers with proper seniority are being demanded as part of the resolution.

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This lawsuit is not an isolated incident. The Justice Department has been working to dismantle similarly discriminatory hiring practices in other public safety departments across the country. Earlier, the Civil Rights Division filed lawsuits against the Maryland Department of State Police and the Durham Fire Department for comparable issues.

The department continues to prioritize Title VII enforcement, ensuring that public service departments reflect the diverse communities they are meant to serve.

“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,” Clarke said.