Justice Department Settles Sex Discrimination Lawsuit Against City of Corpus Christi, Texas, Police Department

The Department of Justice announcedtoday that it has entered into a settlement to resolve the department’sallegations that the city of Corpus Christi, Texas, violated Title VII of theCivil Rights Act of 1964 by discriminating against women when hiringentry-level police officers.
 The United States’ complaint against CorpusChristi, filed in the U.S. District Court for the Southern District of Texas,alleges that between 2005 and 2011, the city used a physical abilities testwhen hiring entry-level police officers, and that test screened out many morewomen than men but did not test for what is required on the job.   Title VII prohibits discrimination inemployment on the basis of race, color, sex, national origin or religion,whether the discrimination is intentional or involves the use of employmentpractices, like physical abilities tests, that have a disparate impact and arenot job related and consistent with business necessity.  
 “Hiring processes, including for those who seek to serve and protect thepublic as police officers, should be free from discrimination,” said Thomas E.Perez, Assistant Attorney General for the Civil Rights Division.   “ The department commends Corpus Christi forits cooperation, for working to put in place new hiring procedures that complywith Title VII, and for providing relief to the women who have been harmed bythe prior practices challenged by the department.”
 The Justice Department and Corpus Christijointly filed a motion today requesting that the court provisionally enter aconsent decree that lays out the terms of the settlement.   The motion also asks the court to schedule afairness hearing on the decree, the opportunity provided by Title VII for thepublic to comment on the decree.   Theproposed consent decree must be approved by the court.
 The consent decree requires that CorpusChristi no longer use the physical abilities test challenged by the UnitedStates for selecting entry-level police officers.   It also requires the city to develop a newselection procedure that complies with Title VII.   Additionally, the consent decree requiresthe city to pay $700,000 as backpay to female applicants who took and failedthe challenged physical abilities test between 2005 and 2011 and are determinedto be eligible for relief.  Also underthe consent decree, some women who took and failed the challenged physicalabilities test between 2005 and 2011 may receive offers of priority employment withretroactive seniority and benefits. Applicants interested in priorityemployment must pass the new, lawful selection procedure developed by CorpusChristi under the decree and meet other qualifications required of allapplicants considered for entry-level police officer positions.    
“The physical abilities test formerlyused by Corpus Christi prevented the city from distinguishing between qualifiedand unqualified applicants,” continued Mr. Perez.   “Here, the Justice Department is ensuringthe selection of qualified officers while eliminating artificial,discriminatory barriers.   Because CorpusChristi will develop a new, lawful test that all candidates must pass, thepublic will be assured that the selection process is fair and nondiscriminatoryand selects qualified candidates.”
 Enforcement of federal employmentdiscrimination laws is a top priority for the Justice Department.   Additional information about Title VII andother federal employment laws is available on the Civil Rights Division’swebsite at www.justice.gov/crt .