Biden Admin Launches Lawsuits Over Math Requirements
The Biden-Harris Department of Justice (DOJ) has recently launched a series of lawsuits targeting local police and fire departments, accusing them of discriminatory hiring practices, particularly in the use of basic math tests and physical fitness standards.
The DOJ argues that these tests disproportionately exclude black applicants and women, a move that is raising eyebrows across the political spectrum, especially as Vice President Kamala Harris tries to maintain a moderate image in the final stretch of the presidential campaign.
The lawsuits are rooted in the controversial legal theory of "disparate impact," which posits that any statistical racial disparity is evidence of racism, regardless of intent or direct discriminatory actions. This theory suggests that even if a hiring process or exam is neutral on its face, it can still be labeled racist if one racial group fails at a higher rate than another.
In several cases, the DOJ has argued that the written exams, designed to test basic competency in public safety positions, are unfair to black applicants because they fail at a higher rate than their white counterparts. However, the lawsuits don’t explain how the exams can be inherently racist against only some black candidates, as many still pass these tests.
One recent example is the DOJ's lawsuit against South Bend, Indiana, where the DOJ claims the city’s firefighter exam discriminates against black applicants, while its physical fitness test is unfair to female candidates. In Durham, North Carolina, the fire department reached a settlement with the DOJ after similar allegations. The settlement resulted in nearly $1 million in payouts to those who failed the test, along with the mandate to hire up to 16 previously rejected candidates.
Critics argue that watering down hiring standards in such crucial, life-and-death professions could have serious consequences. As one online firefighter practice test demonstrated, questions like calculating the number of hoses needed to reach a burning building are far from irrelevant—lives could literally depend on such basic competencies.
The DOJ’s stance that these tests are not essential to being a good firefighter or police officer has raised alarms, particularly when these positions require not only physical and mental rigor but also the ability to make split-second decisions. In Cobb County, Georgia, a similar settlement was reached, where the DOJ objected to both the written exam and a credit check requirement, alleging that these practices disproportionately eliminated qualified black candidates.
In another case, Maryland State Police were required to pay $2.75 million to women and black candidates who failed physical fitness and written tests, sparking further debates about the balance between diversity and competence in law enforcement.
Critics of the DOJ’s actions suggest that the lawsuits are part of a broader agenda to lower standards in critical public safety roles, all in the name of equity. Many fear that this approach undermines the merit-based systems traditionally used to ensure that only the most capable individuals are entrusted with public safety.
Examples from the past illustrate how these lowered standards can backfire. When D.C. Mayor Marion Barry implemented a racially-focused hiring program for the city's fire department, it led to a string of violent incidents involving firefighters who were not adequately vetted. In one tragic case, a man had a heart attack right in front of a fire station, but the firefighters inside did not respond. The family later sued the city for $7 million, arguing that the hiring policies had directly led to negligent behavior.
This trend of litigation, along with the DOJ's insistence on pushing disparate impact theory, raises larger questions about the future of public safety. Are we sacrificing the quality and preparedness of our first responders in the name of political correctness? As the lawsuits pile up, many are left wondering whether this push for equity will ultimately come at the cost of the very communities these public servants are meant to protect.