Maryland State Police to Pay $2.75 Million to Black and Female Applicants After DOJ Settlement

The Maryland Department of State Police (MDSP) has agreed to pay $2.75 million in back pay to black and female applicants who failed basic written and physical tests, following a settlement with the U.S. Department of Justice (DOJ). The DOJ determined that the tests had a disparate impact on these groups, violating Title VII of the Civil Rights Act, which prohibits employment discrimination based on race or sex.

The DOJ concluded that black applicants failed the Police Officer Selection Test (POST), a written exam testing basic math, reading comprehension, and grammar skills, at a higher rate than white applicants. Likewise, female applicants failed the physical fitness test, which required push-ups, sit-ups, and a timed run, at a higher rate than their male counterparts.

Key details of the settlement:

• The written test had a 91% pass rate for white applicants compared to 71% for black applicants.

• The physical fitness test had a 51% pass rate for female applicants, compared to 81% for male applicants.

• The MDSP must now change the tests to ensure that black and female applicants pass at rates similar to their white and male counterparts, respectively. This could involve lowering the standards, though it is unclear how the MDSP plans to comply.

Applicants who failed these tests will receive part of the $2.75 million in back pay, as if they would have been hired had they passed. The MDSP is also required to hire up to 25 applicants who previously failed.

The written test, described as elementary-level, included basic math, grammar, and reading comprehension questions. Despite the simplicity of the questions—such as identifying correct time on a clock and understanding grade-school-level reading passages the DOJ claimed the test disproportionately affected black candidates.

The physical test required applicants to perform 18 push-ups in a minute, 27 sit-ups in a minute, a 1.5-mile run within 15 minutes and 20 seconds, and other basic tasks. The DOJ found the test to be discriminatory against women because of their higher failure rate.

As part of the settlement, the MDSP must also submit data to the DOJ to ensure compliance and is likely to revise the tests to mirror other departments, such as the Metropolitan Nashville Police Department, which recently adopted a new “agility” test to lower the fail rate for female applicants.

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