CINCINNATI — The Cincinnati Police Department can no longer use certain percentage-based goals for the hiring and promoting of Black and female officers, according to a new federal court ruling.
What You Need To Know
- Staffing practices used by CPD based on race, gender deemed unconstitutional
Practices were born out of a consent decree in 1981 after CPD was found to have discriminatory hiring and promotional practices
- Judge Dlott ruled that the practices are no longer needed
- Mayor Cranley said the policies are still valuable for promoting a diverse police force
Practices were born out of a consent decree in 1981 after CPD was found to have discriminatory hiring and promotional practices
The decision authored Wednesday by U.S. District Judge Susan Dlott affects practices put in place under a 1981 consent decree. The aim was to address discrimination against Black people and women in both hiring as well as promotions to the rank of sergeant.
Under the policy, at least 34% of all new hires must be Black and 23% women. It also said at least 25% of promotions to vacant sergeant positions must be Black and/or women.
In her ruling, Dlott wrote the city of Cincinnati failed to prove the hiring and promotion practices remain necessary. For that reason, the hiring goals violate the Equal Protection Clause and are unconstitutional, she added.
"Here, by merely stating that evidence of past discrimination by CPD over 40 years ago justifies the use of remedial race-based classifications, the city fails to provide any evidence that at this time the race-based hiring and promotional goals continue to remedy past discrimination or any lingering effects therefrom," Dlott said.
She went on to add that the city admitted that efforts to diversify the police department have been "relatively successful" over the past decade and that rates of African-American officers have held steady.
Recognizing the positive impact the race-based provisions have had on CPD’s diversity, the city further admits that... the Consent Decree is used to 'maintain diversity, not increase it.'"
In response, Mayor John Cranley said the city is evaluating its next steps.
“We certainly wish the (Department of Justice) did not take this action as the consent decree has been important to our progress,” he said. “We are evaluating all options to appeal and will do so if possible," Mayor John Cranley said the city of Cincinnati. "We won't stop pressing our case."
The consent decree was born out of a 1980 Department of Justice (DOJ) lawsuit that alleged CPD violated the Civil Rights Act and federal anti-discrimination provisions by failing to promote Black people and women.
At the time, CPD’s sworn ranks consisted of 9.9% Black officers and 3.4% female officers.
By January 2021, 31.3% of all Cincinnati officers are Black, 23.9% are women. Those groups also make up significant portions of sergeants and other high-ranking positions within the department.
The challenges to the staffing policies began last year when a white, male police officer sued. That officer, Erik Kohler, alleged he was passed over for a promotion in favor of a Black officer who scored lower on the sergeant's test.
"The city of Cincinnati does not discriminate against women and/or minorities in the hiring, training and promotion of those two groups. However, by continuing the consent decrees this long after entering into them, the city of Cincinnati does illegally discriminate against white males in hiring and promotions," the lawsuit states.
In response, the DOJ agreed to look into to modify parts of the decree by removing the hiring and promotional goals, saying they were unconstitutional.
Despite progress, the city of Cincinnati and the CPD contended that the policies remained important as look to develop a police force that most accurately reflects the community they serve.
Earlier this week, CPD announced its commitment to the 30x30 Pledge, which aims to have 30% female officers by the year 2030.
In her ruling, Dlott said the city claimed it had a compelling interest in maintaining a diverse police department for purposes of “operational needs.”
"It is critical to effective law enforcement, the city contends, that CPD reflect the population it serves so as to ensure public safety and increase CPD’s legitimacy with the community," the ruling wrote.
But Dlott said that "purported interest" failed to withstand strict scrutiny.
Cranley and Police Chief Eliot Isaac, who is Black, wrote President Joe Biden in March to ask for the policies to be kept in place.
“As the current police chief, I can say that my own career benefitted from the consent decree. Without it, I would not be chief,” Isaac wrote.
Isaac called the ruling "disappointing," but said the department will remain committed to serving, and reflecting, the community.
"I've recognized its benefits over the years. We will continue to look towards other avenues to create a diverse workforce that is reflective of the community we serve," he said.
Dlott said the city and CPD should confer with the DOJ and submit any proposed changes to the decree within 90 days of her ruling.