Justice Department Secures Agreement with Durham, North Carolina, to End Discriminatory Hiring Practices in City’s Fire Department

The Justice Department announced today that it has secured a settlement agreement with the City of Durham (City), North Carolina, to resolve the department's claim that the hiring process for firefighters in the Durham Fire Department (DFD) violates Title VII of the Civil Rights Act. Specifically, the department alleges that the City's fire department screens applicants with a written test that discriminates against Black candidates.

Title VII is a federal statute that prohibits employment discrimination based on race, sex, color, national origin and religion. Title VII prohibits not only intentional discrimination but also employment practices that result in a disparate impact on a protected group, unless such practices are job related and consistent with business necessity.

The settlement agreement resolves a civil pattern or practice investigation the Civil Rights Division opened in February 2020. As part of the investigation, the division conducted an in-depth review of DFD's hiring practices, applicant data and other information received from the DFD. The division concluded that the fire department was using a written test that does not meaningfully distinguish between applicants who can and cannot perform the job of a firefighter. The test also disqualified Black applicants from employment at significantly disproportionate rates. The department thus concluded that the test violates Title VII.

"Discriminatory employment tests do more than cost applicants a fair chance to compete for public service jobs like firefighting; they also prevent communities from being served in these crucial positions by the most qualified candidates for the job," said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. "The under-representation of Black people in the fire department workforce in Durham, and across the country, undermines public safety efforts. This settlement agreement requires the Durham Fire Department to reform its unlawful hiring process and provide monetary and other relief to those already harmed. The Justice Department will continue to work to ensure that all qualified applicants have a fair and equal opportunity to serve their communities."

"Employers should identify and eliminate practices that have a disparate impact based on race," said U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina. "The Justice Department will continue to work to eliminate discriminatory policies that deprive qualified applicants of a fair chance to compete for employment opportunities."

The complaint, filed yesterday in the Middle District of North Carolina, alleges that the City's uses of the written test called the Comprehensive Examination Battery (CEB) disproportionately exclude Black candidates from employment as firefighters. The department further alleges that DFD's uses of the CEB are not job-related and consistent with business necessity, and thus violate Title VII.

Under the terms of the consent decree also filed yesterday, DFD will:

• Adopt a written test that does not discriminate in violation of Title VII and provide data to the department on the administration of the new test to ensure compliance;
• Pay $980,000 in back pay to applicants who were disqualified by DFD's uses of the challenged test; and
• Hire up to 16 applicants who were unfairly disqualified by the challenged test and who successfully complete the new firefighter selection process.

The full and fair enforcement of Title VII is a top priority of the Civil Rights Division. The division has issued a fact sheet on combating hiring discrimination by police and fire departments to help applicants for public safety jobs understand their rights to be free from discriminatory hiring processes. More information about the Civil Rights Division can be found at www.justice.gov/crt.