Police Fitness Test Discriminated Against Women, Federal Judge Rules

A federal judge has ruled that fitness tests that women cannot pass at the same rate as men are a violation of federal law.

Judge Richard Matsch was born in 1930! He presided over the Oklahama City bombing case that saw Timothy McVeigh convicted in a trial that covered up a great deal of the truth.

At age 87, Matsch is still ruling from the bench. He’s now found that fitness tests that women can’t pass are discriminatory.

The test isn’t described in the story, but I probably couldn’t pass it either, but I’m not selfish enough to demand that standards be lowered for my benefit.

Putting unqualified women cops on the street is going to kill people. Matsch needs to retire and let someone with a stronger sense of logic rule from the bench.

The Gazette

A fitness test given to Colorado Springs police officers discriminated against women and violated civil rights laws, a federal judge ruled Wednesday in a two-year lawsuit.

The test “shamed and ostracized” the 12 plaintiffs – many of them decorated officers with decades of service – while providing “meaningless” results, ruled U.S. District Judge Richard Matsch.

Performing poorly on the test left officers at risk of losing their jobs, despite the benchmark scores being “arbitrary” and the evaluation having little to do with the officers’ everyday work, Matsch said. Significantly more women than men failed it.

“To retroactively impose that requirement on women who have invested their lives as career police officers is fundamentally unfair,” Matsch wrote.

The ruling that Colorado Springs violated Title VII of the Civil Rights Act of 1964 leaves the city on the hook for a possible payout to the plaintiffs for wage loss and emotional distress. A hearing on damages is expected to be set in the coming week.

A California civil rights advocate said it also sends a message to municipalities across the nation to avoid such fitness tests for potential hires and veteran employees.

“If municipalities are going to use tests like this, they have to make sure there’s a scientific basis behind them,” said Jocelyn Larkin, executive director of the Impact Fund. The organization helps bankroll civil-rights lawsuits, and it contributed $30,000 to this case.

Donna Dell’Olio, an attorney representing the women, praised the ruling as a victory for women seeking to join the force.

“The women are wonderful professionals, and all they wanted was to be able to serve crime victims and the citizens of Colorado Springs,” Dell’Olio said. “And now they’re going to be allowed to do that.”

Ten of the dozen plaintiffs remain on the force, Dell’Olio said. One has since moved to Wyoming, and another left the department amid fears she’d lose her job for failing the test.

“They did this at great peril to their careers,” Dell’Olio said. “And they did it for the younger women who are coming up behind them.”

A statement from the Police Department said “the city has received the ruling, is reviewing it, and evaluating the city’s options.”

The issue dates to 2009, when former Chief Richard Myers mandated all officers undergo fitness tests, and the department hired Human Performance Systems of Beltsville, Md., to create the evaluations. They included one-minute sit-up and push-up tests, as well as two running tests, one of which focused on agility.

Practice tests in 2013 showed deep disparities in women’s and men’s success rates, the lawsuit said.

Forty percent of women failed the test, compared with 9 percent of men. Women police recruits tested that year fared slightly worse, while men did slightly better.

Still, a 2014 order by Myers’ successor, Chief Pete Carey, mandated each officer pass the test annually. Officers who failed the first test were relegated to desk duty, while those who failed after six months of trying could be fired.

All 12 plaintiffs failed on the first try, including Maggie Santos, a lieutenant at the time overseeing the department’s Internal Affairs division.

She retired after 24 years in the department, taking a job as director of campus safety at a college. In leaving early, Santos said Wednesday that she left “significant” pension benefits on the table.

The risk of being fired without a place to go was too great, she said, especially as her kids neared college.

“It was horrible,” Santos said. “I didn’t want to leave. That isn’t when I had planned to retire. I still had more career in front of me, and it was taken.”

In issuing his ruling, Matsch relied on complex statistical analyses highlighting the disparities women faced.

He said some of the evaluations – such as the push-up test – favored men while “not being designed to evaluate an officer’s overall suitability for duty.”

The Police Department also erred in making the test a sole criterion for an officer’s firing, rather than as “one component,” he said.

In the process, Matsch noted that the Police Department’s use of a fitness test for current employees – not applicants – was unprecedented.

Santos said Matsch’s ruling was bittersweet.

“The reason why we did it was for the younger women,” Santos said. “They won’t appreciate it now when they’re in their 20s, but in 20 to 25 years, they’ll appreciate what we did, and we’re doing it for them.”


9 thoughts on “Police Fitness Test Discriminated Against Women, Federal Judge Rules

  1. “The women are wonderful professionals, and all they wanted was to be able to serve crime”.
    I have not changed a single word. That 87 year old judge loves crime and criminals, no doubt about it. Maybe 87 year old judges should also have competency tests? This judge probably has had a compulsory test to keep driving. He would have done where I come from – every year past a certain age, less than 87. He also would have been forced to retire, where I come from. The USA legal system seems to be a Gerontocracy (a real word!). The Supremacist Court thinks they are aristocrats – ruling for as long as they are able to breathe.

    Women are already being favoured over men for firemen jobs. What next? SEALS and Special Forces will be comprised of midget black lesbian women with one eye who cannot shoot straight? Probably, yes. Fighter jet pilots will be Koons and women as they could not fairly compete with the best white men in the tests? Generals and admirals will be the best woman available – no doubt this will happen in the US military and the sooner the better. Then, the Chinks and Russians will wipe multicult/feminist arses on the battlefield.

    Every woman that takes a man’s job destroys two potential families. First her own, she may never have children. Next the man who is unemployed or has to take a low status job and thus will never land a wife. Two families gone and no children. Hiring women for mens high status jobs is the best possible way to destroy the white race. This is a (((cunning))) plan and it is succeeding beyond all expectations of the (((planners))).

  2. The (((planners))) don’t believe in their plan, but enforce it nonetheless. I don’t know who is worst; (((those))) who plan it, or those who accept the plan (liberals, egalitarians, etc,) they truly believe in it, they are very much diseased. I’ve been saying this for a great many years now, liberalism is for losers and inferiors wishing nonetheless to reap the same spoils as those superior to them. We are NOT born equals, and therefore shouldn’t be treated the same, under the law and elsewhere in society. Elitism and eugenics should be cherished, not frowned-upon or made illegal.

  3. It used to be cops needed to be about 6 ft. tall and in decent physical shape. When they lowered the standards, one of the dirty secrets that they won’t discuss is that police related shootings increased dramatically. Under the older rules, the cops were more physically imposing and if you caused trouble their first response was to use their baton. However women, and some smaller men, would get killed if they tried to use physical force against a lot of suspects so they just shoot them instead. I think even criminals would rather get beat senseless by a baton then filled full of holes like a sieve.

    • Adit this is true. There was never a shortage of men at 6 feet and over applying for police work. The minimum was five feet eleven inches when I was a kid. So why was this standard ever lowered? Why were women ever allowed in to front line policing, instead of visiting schools and the like? It is like immigration to Australia. There was never a lack of quality skilled white applicants. So why were dark and yellow skinned uneducated midgets allowed in by the millions?
      If farmers did this “choose the worst” with their animals and with their seed grains – we would all starve.

  4. “Forty percent of women failed the test, compared with 9 percent of men”, then the 9% of men who failed were discriminated against, too. They said nothing about the rejected men.

    I’d like to see that female pipsqueak in the photo fight off a 6’5″, even 6′ black man trying to take her gun. I’m surprised 60% of the females passed! I bet the test was watered down a lot before they took it. The test should be so difficult that only 20% of men pass. All should be over 6′, intimidating stature, prominent muscles.

    Police work is no place for women. Yes, they will be the cause of others to be harmed, not to mention themselves, too.

    • In a blizzard world sorta way there may be a silver lining in this. If it would ever come to armed revolt against the system, this is who you would be fighting. The system is eating itself.

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