PSP Will Fight Justice Department Lawsuit Accusing Them of Discrimination Against Females in Hiring Practices

Joanne Bauer

Joanne Bauer

Published July 31, 2014 4:32 am
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HARRISBURG, Pa. — The Pennsylvania State Police (PSP) will challenge a lawsuit brought by the U.S. Department of Justice (DOJ) that accuses the state police of discriminating against females in its hiring practices.

“I am extremely disappointed in the decision of the U.S. Department of Justice to file suit in an attempt to force PSP to lower the standards of its Physical Readiness Test,” said State Police Commissioner Frank Noonan.

In July 2009, the DOJ’s Civil Rights Division opened an investigation into the state police’s female hiring practices. The state police fully cooperated with the investigation and provided all information that the DOJ requested, including: the names and sexes of all applicants, the validation data for the 2009 Physical Readiness Test and documents illustrating how the state police process cadet applicants.

“To lower the physical fitness standards for applicants would be insulting to those men and women who already strove to achieve those standards and, more importantly, would endanger current and future troopers, the residents of Pennsylvania and all individuals served by the distinguished men and women of the Pennsylvania State Police,” said Noonan. “We should not be bullied into lowering our standards for any applicants.”

At issue are the Physical Readiness Test examinations given to applicants for entry-level cadet positions in the first phase of hiring. The Physical Readiness Test is the physical fitness test every applicant must pass in order to be accepted into the Pennsylvania State Police Academy.

“The state police have gone to great lengths and expense to develop a Physical Readiness Test that measures the fitness level and physical abilities necessary to be a Pennsylvania State Trooper,” said Noonan. “Even using the figures listed in the DOJ complaint, PSP was within five percent of DOJ’s target passage rate for females.”

The current standards are as follows:

– 300 meter run: 77 seconds
– Pushups: 13 (no time limit)
– Vertical jump: 14 inches
– 1.5 mile run: 17 minutes, 48 seconds
– Agility Run: 23.5 seconds

Since 2003, the state police have used a Physical Readiness Test that was developed and validated by an independent party after performing a job task analysis, defining tasks that required physical abilities to perform them, and defining skills and abilities to do job tasks. Prior to implementation, the test was further refined to specifically avoid disparate impact on females.

“I certainly hope that the Department of Justice will hastily withdraw this lawsuit before both parties are forced to expend an extraordinary amount of resources, at the expense of all taxpayers in the United States,” added Noonan.

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