The Department has challenged the employment tests used by local governments only when those tests have disparate impacts on minority and women applicants and are not related to good job performance. Such tests violate Title VII of the Civil Rights Act of 1964, as amended by Congress in 1991. Our work in this area is often misunderstood or mischaracterized. Employment tests often do not identify those applicants who are best qualified to perform the wide range of duties assigned to police and fire officials. A test that is truly job-related will consider not only an applicant's cognitive abilities, but also many other tangible and intangible factors, including leadership, motivation, honesty, judgment, reliability, attention to detail, emotional stability, openness, and maturity.
Cognitive ability is one important factor, but it is only one of many.
Police and fire departments should use employment tests that predict more accurately which applicants will perform best on the job. Many departments in fact have adopted improved tests, including the State of Louisiana and Nassau County, New York. We have an ongoing case against the City of Garland, Texas that challenges the City's use of employment tests. The Garland case also challenges a racially hostile work environment in its police and fire departments, including the routine use of racial slurs and an incident involving white firefighters who displayed a confederate flag and dressed in white sheets to taunt a black co-worker. I would be remiss if I did not emphasize why the Civil Rights Division is in business.