Yesterday, the Department of Justice filed suit against the Commonwealth of Pennsylvania and the Pennsylvania State Police alleging that because more men than women pass the PSP’s physical fitness tests, their use is discriminatory and violates Title VII of the Civil Rights Act of 1964. The Complaint, filed in the Middle District of Pennsylvania, docket no. 1:14-cv-01474-SHR (which would suggest that it has been assigned to Federal District Judge Sylvia H. Rambo), was filed on July 29, 2014 and a copy of which can be downloaded – here.
The DOJ contends in the Complaint that because female applicants failed the 2003 physical fitness test and the revised 2009 test at “statistically higher rates than male applicants, female applicants were less likely to proceed through the selection process and thus less likely to be hired as entry-level troopers.” The Complaint alleges that from 2003 through 2008, the Pennsylvania State Police used a physical fitness test consisting of:
- a 300-meter run;
- sit-ups;
- push-ups;
- a vertical jump; and
- a 1.5-mile run.
In order for the applicant to continue in the selection process, he/she were required to pass each event. From 2003-2008, approximately 94 percent of male applicants passed the test, while only 71 percent of female applicants passed. When the test was revised in 2009, between 2009 and 2012, approximately 98 percent of male applicants passed the revised test, while approximately 72 percent of female applicants passed. This, the DOJ contends, is “statistically significant.”
The DOJ seeks a court order that would require the PSP to:
- stop using the challenged physical fitness tests;
- develop hiring procedures that comply with Title VII; and
- compensate individual women who have been harmed as a result of the defendants’ use of the challenged physical fitness tests, including back pay with interest, offers of employment, retroactive seniority, and “other benefits to women who have suffered losses or will suffer losses as a result of the discriminatory policies and practices.
Am I the only one who is concerned by this? Last time I checked, PSP Troopers had to perfect arrests (including pursuing fleeing suspects, subduing resisting suspects and forcibly arresting suspects, where necessary) and be in proper physical condition to save the lives of fellow troopers and officers, as well as innocents. I guess the next lawsuit brought by the DOJ will be under the Americans with Disabilities Act alleging that the PSP is discriminating against those wheelchair bound applicants because they cannot perfect arrests…..When lives are on the line, strict physical testing is necessary. Regardless of gender, if you can’t carry a fellow trooper/officer to safety, pursue a suspect for a mile or subdue a resisting suspect, you shouldn’t be employed in a law enforcement capacity that requires such physical fitness.
Prince Law Offices Blog 
This is not surprising considering all the other idiotic things done during the tenure of the current White House administration. Everything this administration does is solely to keep their political base happy, despite the fact that many actions are very detrimental to the country. This action will allow them to say they are fighting the fictitious Republican “war on women,” which they desperately need to do since word has gotten out that women staffers in the White House are underpaid…
LikeLike
I’ll tell ya, Mr. Prince, they’re trying to implement this Gender equality garbage in my beloved Corps as well. Certain people who have never worked in this field and never carried a gun for a living will never understand this. I could write a doctoral dissertation on reasons why gender equality in this type of field is foolish and dangerous, and I’d get ignored just like scientists and doctors are being ignored. The fact is: physically and mentally men are different from women. No one is going to listen and lives well be lost because of it. Semper Fi, LCpl. Ian McMillen 0311/USMC
Sent from my T-Mobile 4G LTE Device
LikeLike
Josh – excellent head-up on a major issue not covered elsewhere! Its more “State-breaking” by the current POTUS Admin. Pennsylvania doesn’t have a border to flood, LEO to overwhelm and Federal prisons to dump its contents of (like in AZ & TX) – so the next best is to undermine the well respected enforcement authority in a Conservative Commonwealth – the State Police. From so many years in the past 2003-2009. Hmmmm. LEO in AZ, for one, have a VERY rigorous physical test to pass. One never sees a “fat cop” out there, thankfully and for VERY good reason. This DOJ red herring is another sign of our undermining & demise.
LikeLike
Sadly…this is so believable with the DOJ of today…”Make headlines, not sense” Get involved with politics not (ON THE BOOKS) law-enforcement.
LikeLike
In the eyes of the Obama regime, everyone is equal, that is if you are a minority. No longer are tests allowed for the determination of the best qualified applicant. You may test applicants, but you may not use their test scores as a basis to select the person for hire. School children are no longer given pass/fail examinations. Everyone shall pass, whether they are qualified or not. Medical schools may not discriminate against students that fail. All medical school students shall pass and become Doctors. States may not administer testing for licensing purposes of Doctors, Engineers, Tradesmen, Lawyers, or any other specialty.
LikeLike