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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