MSP & United States District Court for the District of Maryland–Notice of Settlement and Fairness Hearing
The United States sued the Maryland Department of State Police (MDSP) for alleged violations of Title VII of the Civil Rights Act of 1964, claiming that MDSP used discriminatory physical and written tests in hiring entry-level troopers, disproportionately affecting female and African-American applicants. MDSP denies wrongdoing, but MDSP and the United States have agreed to a settlement to resolve the lawsuit. Under the settlement, MDSP will use only lawful tests and provide monetary awards and priority hiring opportunities to affected applicants. The Court must approve the settlement before these awards are distributed. Individuals who disagree with the settlement can object following specified procedures, and the Court will review all objections before making a decision.
States vs. Maryland Department of State Police, Case No. 1:24-cv-2862-RDB
Additional Information from the Maryland State Police:
The United States of America sued the Maryland Department of State Police (“MDSP”), claiming that MDSP violated a federal law against employment discrimination called Title VII of the Civil Rights Act of 1964. The United States claims that MDSP violated Title VII when it used a certain physical fitness test and a certain written test to hire entry-level Troopers, because the tests disqualified more female and African-American applicants than others and were not job-related. MDSP denies that it violated the law.
MDSP and the United States have agreed to a settlement to resolve the lawsuit.
Under the settlement, MDSP agreed to use only lawful tests. MDSP also agreed to provide monetary awards and priority hiring awards to affected female and/or African American applicants who could have become Troopers if MDSP had not used the tests challenged in the lawsuit.
Before awards can be made, the Court must first approve the settlement. The United States and MDSP believe that the settlement is fair, reasonable, and adequate. If anyone disagrees and does not want the Court to approve the settlement, they may object by following the instructions below. The Court will consider all objections before deciding whether to approve the settlement.
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The settlement can be viewed here: https://mediacontentpublish.com/media/5135406/provisional_consent_decree.pdf. If you do not want the court to approve the settlement, you may object by January 20, 2025, here: https://civilrights.justice.gov/link/objectionform. Read this notice carefully, as your rights may be affected. You can learn more here: https://mdspsettlement.com/. |
What is this lawsuit about?
In its lawsuit, the United States claims that MDSP discriminated against female and African-American applicants for the entry-level Trooper job in violation of Title VII of the Civil Rights Act of 1964. Specifically, the United States claims that MDSP’s use of a certain physical fitness test caused a disparate impact on female applicants, that its use of a certain written test caused a disparate impact on African-American applicants, and that the tests were not job related or consistent with business necessity, as required by Title VII. MDSP denies that it has discriminated against anyone.
Why did I get this notice?
The United States and MDSP agreed to a settlement to resolve the lawsuit. The settlement has not yet been approved by the Court. You received this notice because your rights might be affected by the settlement, and you can object if you do not want the Court to approve the settlement. This notice summarizes the settlement and provides instructions on how to object if you do not want the Court to approve the settlement.
What can I get from this settlement?
The complete settlement can be viewed at:
https://mediacontentpublish.com/media/5135406/provisional_consent_decree.pdf Under the settlement, MDSP agreed to use only lawful tests moving forward.
MDSP also agreed to provide monetary awards and priority hiring awards to affected female and/or African-American applicants who could have become Troopers if MDSP had not used the challenged tests.
- Monetary awards (sometimes called “back pay”) are meant to make up for some of the pay an eligible applicant would have earned if they had not failed one of the challenged tests and had instead been hired as a Trooper. MDSP agreed to provide $2,750,000.00 in back pay that will be divided between eligible applicants.
- Priority hiring awards provide a chance for eligible applicants who failed one of the challenged tests to be hired as a Trooper if they meet the current minimum qualifications for Troopers. MDSP agreed to hire up to twenty-five (25) eligible applicants as priority hires. The people selected by MDSP as priority hires will receive specified retroactive seniority and a hiring bonus.
o Retroactive seniority means that priority hires will be treated as if they were hired on an earlier date than their actual hire date for certain purposes, including determining how much they are paid.
o Hiring bonuses will be provided to priority hires to make up for some of the pension benefits they would have received if they had not failed one of the challenged tests and had been hired as a Trooper earlier.
o The date used for retroactive seniority and the amount of the hiring bonus will depend on the year the priority hire first failed one of the tests.
Monetary awards and priority hiring awards will only be provided to eligible applicants. Applicants are eligible only if:
- They are female,
- They applied for a Trooper job at MDSP and were disqualified by the challenged physical fitness test between 2017 and the present, and
- When they were disqualified by the challenged physical fitness test, they met the minimum qualifications that were then in place,
OR
- They are African American or Black,
- They applied for a Trooper job at MDSP and were disqualified by the challenged written test between 2017 and the present, and
- When they were disqualified by the written test, they met the minimum qualifications that were then in place.
To be eligible to become a priority hire, applicants must also meet the minimum qualifications that are now in place.
How do I get an award?
If you believe you are eligible for an award and would like to get one, you do not need to do anything at this time. After the Court approves the settlement, you will get another notice and be able to submit a form to say you would like an award.
Can I object to the settlement? How?
You have the right to object to the settlement. You may object if you do not want the Court to approve the settlement because you believe that the settlement is unfair, unreasonable, inadequate, unlawful, a product of collusion, or against the public interest.
You do not need to object in order to get an award. You do not need to do anything at this time if you want the Court to approve the settlement or if you want to get an award.
If you want to object to the settlement, you must do so by January 20, 2025.
If you do not object by this date, you may not have another chance to object to the settlement in the future.
To object, you must complete the form found here:
https://civilrights.justice.gov/link/objectionform.
If you want to object but you cannot access the form online at the link above, you may contact the Claims Administrator, Verita, at info@MDSPsettlement.com or 1-833-419-4261, who will provide you with a copy of the form that you can send in through email or mail.
By submitting an objection, you authorize the Claims Administrator to share your objection with the United States, MDSP, and the Court.
What happens next?
The Court will hold a Fairness Hearing on the Terms of the Settlement Agreement on March 10, 2025 at 11am at 101 West Lombard St., Courtroom 5D, Baltimore, MD 21201. At the hearing, the Court will consider whether to approve the settlement.
You do not need to attend the Fairness Hearing, but you can. If you object, the Court will consider your objection even if you do not attend the Fairness Hearing. If you like, you may state your objection in person at the Fairness Hearing.
If the Court approves the settlement, people who were disqualified by the challenged tests will be notified and given the chance to say they are interested in receiving an award.
It is important to keep us informed of your contact information.
If your address, phone number, or email address change, you must let us know at info@MDSPsettlement.com or 1-833-419-4261.
