University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Pennsylvania EE-PA-0245
Docket / Court 1:14-cv-01474-SHR ( M.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On July 29, 2014, the United States Department of Justice, on behalf of women seeking entry-level Pennsylvania state trooper positions, filed a complaint in the Middle District of Pennsylvania against the Commonwealth of Pennsylvania and the Pennsylvania State Police. The plaintiff alleged that ... read more >
On July 29, 2014, the United States Department of Justice, on behalf of women seeking entry-level Pennsylvania state trooper positions, filed a complaint in the Middle District of Pennsylvania against the Commonwealth of Pennsylvania and the Pennsylvania State Police. The plaintiff alleged that since 2003, the State Police's practice of requiring applicants to pass a physical-fitness test in order to be considered for an entry-level trooper positions has had a disparate impact on the hiring of women, in violation of Title VII of the Civil Rights Act of 1964. They seek injunctive relief to stop the defendant's discriminatory hiring practices.

Specifically, the plaintiffs alleged that since 2003 the Pennsylvania State Police have used two similar physical fitness tests as part of the application to become a state trooper that are not necessary for the performance of the job. Between 2003 and 2012, Female applicants passed the test at a rate that was 80% of male applicants. This is a statistically significant difference in passage rates and because applicants are required to pass the physical fitness tests in order to be considered for these positions, the tests have a disparate impact on the hiring of women.

The case is in its very early stages and the defendants have not yet filed a response to the complaint.

Benjamin St. Pierre - 10/23/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Defendant-type
Jurisdiction-wide
Law-enforcement
Discrimination-area
Hiring
Testing
Discrimination-basis
Sex discrimination
General
Disparate Impact
Pattern or Practice
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Commonwealth of Pennsylvania
Pennsylvania State Police
Plaintiff Description Women seeking entry-level Pennsylvania state trooper positions
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:14-cv-01474-SHR (M.D. Pa.) 07/29/2014
EE-PA-0245-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 07/29/2014
EE-PA-0245-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Rambo, Sylvia H. (M.D. Pa.)
EE-PA-0245-9000
Monitors/Masters None on record
Plaintiff's Lawyers Kennebrew, Delora L. (District of Columbia)
EE-PA-0245-0001 | EE-PA-0245-9000
Samuels, Jocelyn (District of Columbia)
EE-PA-0245-0001
St. George Blake, Trevor (District of Columbia)
EE-PA-0245-0001 | EE-PA-0245-9000
Wong, Carol A (District of Columbia)
EE-PA-0245-0001 | EE-PA-0245-9000
Woodard, Karen D. (District of Columbia)
EE-PA-0245-0001 | EE-PA-0245-9000
Defendant's Lawyers Solomon, Stephanie L (Pennsylvania)
EE-PA-0245-9000
Sorek, Patrick (Pennsylvania)
EE-PA-0245-9000
White, David B (Pennsylvania)
EE-PA-0245-9000
Other Lawyers None on record

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