Case 1:19-cv-02465-ADC Document 1 Filed 08/27/19 Page 1 of 7

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
UNITED STATES OF AMERICA,

)
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Plaintiff,
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v.
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BALTIMORE COUNTY,
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MARYLAND
)
)
)
Defendant.
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____________________________________)

Civil Action No.: 1:19-cv-02465

COMPLAINT
Plaintiff, the United States of America (“United States”), alleges:
1.

This action is brought pursuant to 42 U.S.C. § 2000e-6(a) to enforce the

provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., as
amended (“Title VII”).
2.

All conditions precedent to the filing of suit have been satisfied.
JURISDICTION AND VENUE

3.

This Court has jurisdiction of this action under 42 U.S.C. § 2000e-6(b) and 28

U.S.C. §§ 1331, 1343(a)(3), and 1345.
4.

Venue is proper in the United States District Court for the District of Maryland

pursuant to 28 U.S.C. § 1391 because Defendant Baltimore County, Maryland (“Baltimore
County”) and its agent, the Baltimore County Police Department (“BCPD”), are located in
this judicial district and all or a substantial part of the acts or omissions giving rise to this
cause of action took place in this judicial district.
PARTIES
5.

Plaintiff is the United States of America.

 Case 1:19-cv-02465-ADC Document 1 Filed 08/27/19 Page 2 of 7

6.

Baltimore County is a governmental entity and/or political subdivision created

pursuant to the laws of the state of Maryland.
7.

Baltimore County is a “person” within the meaning of 42 U.S.C. § 2000e(a) and

an “employer” within the meaning of 42 U.S.C. § 2000e(b).
STATEMENT OF FACTS
A. The Selection Process for BCPD Entry-Level Police Officers and Police Cadets
8.

Baltimore County maintains the BCPD and, through it, employs police officers

and police cadets who, among other things, are responsible for protecting individuals and
property in Baltimore County.
9.

Baltimore County is responsible for the recruitment and hiring of BCPD entry-

level police officers and police cadets.
10.

Baltimore County is responsible for establishing the terms, conditions, and other

practices which bear upon the selection and employment of BCPD entry-level police officers
and police cadets.
11.

Baltimore County has administered and used a multiple-choice written

examination in the screening and selection of applicants for hire into the BCPD entry-level
police officer and police cadet positions.
12.

Applicants for BCPD entry-level police officer and police cadet positions must

successfully obtain a passing score on a multiple-choice written examination.
13.

Applicants who fail the written exam are not eligible to continue in the BCPD

multi-stage selection process and not hired as BCPD entry-level police officers or police
cadets.

2

 Case 1:19-cv-02465-ADC Document 1 Filed 08/27/19 Page 3 of 7

B. The Challenged Employment Practices
14.

Since January 1, 2013, Baltimore County has administered and used at least three

different versions of the written exam in the hiring process for BCPD entry-level police
officer and police cadet positions. Each version was developed by the Office of Human
Resources of the Baltimore County Government.
15.

Baltimore County administered and used one version of the written exam from

2009 to 2013 (“2009 Exam”). The 2009 Exam consisted of 85 questions divided into
components identified as reading comprehension (15 questions), vocabulary (15 questions),
spelling (20 questions), grammar (15 questions), and logical order/sequencing (20 questions).
Applicants who scored 75% or higher on the 2009 Exam were eligible to continue in BCPD’s
selection process.
16.

From 2009 to 2013, African American applicants passed the 2009 Exam at a

lower rate than white applicants passed the 2009 Exam. This difference between the pass
rates of white and African American applicants on the 2009 Exam is statistically significant.
17.

Baltimore County administered and used a different version of the written exam

in 2014 (“2014 Exam”). The 2014 Exam was 100 questions and comprised of two parts.
Part I included a note-taking/observation skills section requiring a candidate to review a
photograph and answer 15 questions about the photograph. Part II was 85 questions divided
into components identified as reading comprehension (15 questions), logical ordering (20
questions), writing skill/grammar (30 questions), and interpretation of data (20 questions).
Applicants who scored 70% or higher on the 2014 Exam were eligible to continue in BCPD’s
selection process.

3

 Case 1:19-cv-02465-ADC Document 1 Filed 08/27/19 Page 4 of 7

18.

African American applicants passed the 2014 Exam at a lower rate than white

applicants passed the 2014 Exam. This difference between the pass rates of white and
African American applicants on the 2014 Exam is statistically significant.
19.

Baltimore County began administering and using a different version of the written

exam in 2015 (“2015 Exam”). The 2015 Exam is identical to the 2014 Exam except that Part
I of the exam contains different questions and photographs; Part II of the exam is the same.
Applicants who scored 70% or higher on the 2015 Exam were eligible to continue in BCPD’s
selection process.
20.

Between 2015 and 2016, African American applicants passed the 2015 Exam at a

lower rate than white applicants passed the 2015 Exam. This difference between the pass
rates of white and African American applicants on the 2015 Exam is statistically significant.
21.

Upon information and belief, Baltimore County continued to administer the 2015

Exam, or a written examination substantially similar to the 2015 Exam, to applicants for
BCPD entry-level police officer and police cadet positions after 2016.
22.

Baltimore County’s use of each of these written examinations as a pass/fail

screening device is not job related for the BCPD entry-level police officer and police cadet
positions and consistent with business necessity, and does not otherwise meet the
requirements of Section 703(k) of Title VII, 42 U.S.C. § 2000e-2(k).
23.

As a result of its use of these written examinations, Baltimore County has hired

fewer African American applicants as BCPD entry-level police officers and police cadets
since January 1, 2013 than it would have had it used a non-discriminatory screening device.

4

 Case 1:19-cv-02465-ADC Document 1 Filed 08/27/19 Page 5 of 7

UNITED STATES’ PATTERN OR PRACTICE CLAIMS
24.

Plaintiff United States re-alleges and incorporates herein by reference paragraphs

1-23.
25.

Since January 1, 2013, Baltimore County has engaged in a pattern or practice of

discrimination against African American applicants for BCPD entry-level police officer and
police cadet positions in violation of Section 703(a)(2) of Title VII, 42 U.S.C. § 2000e2(a)(2), by using the 2009, 2014, and 2015 Exams, which have caused a disparate impact on
African American applicants on the basis of race, but which are not job-related for the
positions in question and consistent with business necessity as required by Section 703(k) of
Title VII, 42 U.S.C. § 2000e-2(k).
26.

The United States, through the United States Department of Justice, has

conducted an investigation of the policies and practices of Baltimore County with respect to
its screening and selection of applicants for BCPD entry-level police officer and police cadet
positions and the discriminatory effect of such practices on African American applicants.
The Department of Justice notified Baltimore County of that investigation and of the United
States’ determination that the policies and practices outlined in paragraphs 8 through 23 are
unlawful.
27.

The Attorney General has reasonable cause to believe that the policies and

practices of Baltimore County outlined in paragraphs 8 through 23 above constitute a pattern
or practice of resistance to the full enjoyment by African Americans applicants of the rights
protected by Title VII.

5

 Case 1:19-cv-02465-ADC Document 1 Filed 08/27/19 Page 6 of 7

PRAYER FOR RELIEF
WHEREFORE, the United States prays that the Court order Defendant Baltimore
County, and its officers, agents, employees, successors, and all persons in active concert or
participation with them, to:
a. refrain from using written examinations to screen and select applicants for
BCPD entry-level police officer and police cadet positions where such use
results in a disparate impact on African Americans, is not job-related for the
position in question and consistent with business necessity, and does not
otherwise meet the requirements of Section 703(k) of Title VII, 42 U.S.C. §
2000e-2(k);
b. provide make whole remedial relief to all persons who have suffered
individual loss as a result of the discrimination alleged in this Complaint; and
c. adopt other appropriate nondiscriminatory measures to correct the present
effects of its discriminatory policies and practices, including the use of entrylevel police officer and police cadet selection procedures that comply with
Title VII.
Plaintiff United States prays for such additional relief as justice may require, together
with its costs and disbursements in this action.

6

 Case 1:19-cv-02465-ADC Document 1 Filed 08/27/19 Page 7 of 7

Dated: August 27, 2019
Respectfully submitted,
ERIC S. DRIEBAND
Assistant Attorney General
Civil Rights Division
DELORA L. KENNEBREW
Chief
Employment Litigation Section
Civil Rights Division
/s/ Meredith Burrell
MEREDITH L. BURRELL (MD Bar, No Number Issued)
Deputy Chief
/s/ Kathleen Lawrence
/s/ Kunti Salazar
KATHLEEN O. LAWRENCE (NY Reg. No. 4844502)
KUNTI D. SALAZAR (CA Bar. No. 279090)
Trial Attorneys
United States Department of Justice
Civil Rights Division
Employment Litigation Section
4 Constitution Square
150 M Street, NE / Room Number 9-932
Washington, DC 20002
Telephone: (202) 616-9100
kathleen.lawrence@usdoj.gov
kunti.salazar@usdoj.gov
Counsel for Plaintiff United States of America

7

 Case Document 1-1 Filed 08/27/19 Page 1 of 1
i544 (Rev-0W) CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the ?ling and service of pleadings or other papers as required by law, except as
provided by local rules DI'Icourt This form, approved by the Judicial Conference ofthe United States in September 1974, is required for the use ofthe Clerk ofCourt for the
purpose of initiating the CNN docket sheet (Stilt 0N .

 

I. PLAINTIFFS DEFENDANTS
United States of America Baltimore County, Maryland
County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U. S. CASES) (IN US. PIA WI. CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(C) Attorneys (Firm Name, Address, and Telephone Number) . . . . Attorneys .
Kathleen Lawrence and Kunti Salazar. USDOJ, Rights Michael E. Field, County Attorney and Gregory E. Gaskins, Deputy
Employment Litigation Section, 4 Constitution Square, 150 Street County Attorney, Baltimore County Office of Law
9-932 Washington DC. 20002; (202) 616-9100 400 Washington Ave. Towson, MD 21204; (410) 887-4420
BASIS OF JURISDICTION (Place an "X"in ()ne Box Only) CITIZENSHIP OF PRINCIPAL PARTIES (Piace an in One Bar?y- Pi'aimr?
(For Diversity Cases Oniy) and One Boxfar Defendant}
D1 US Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (US. Government Not a Party) Citizen ofThis State I Incorporated 0r Principal Place 4 4
ofBusiness In This State
2 US Government 4 Diversity Citizen ofAnother State 2 2 Incorporated andPrincipal Place 5 5
Defendant (Indicate Citizenship ofl?arries in Hem of Business In Another State
Citizen or Subject ofa 3 3 Foreign Nation 6 6
Foreign (?nullity
IV. NATURE OF SUIT an in One Box Hurry) Click here for: 
I CONTRACT TORTS BANKRUPTCY OTHER STATUTES I
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam USC
I30 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(8))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery ovaerpaymeiit 320 Assault, Libel Pharmaceutical 410 Antitrust
Enforcement ofJudgiriciit Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers? Product Liability 830 Patent 450 Commerce
152 Recovery ofDefauIted Liability 368 Asbestos Personal 840 Trademark 460 Deportation
Student Loans 340 Marine Injury Product 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability IABJJR SOCIAL SECURITY Corrupt Organizations
153 Recovery ovaerpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (I395ft) 480 Consumer Credit
of Veteran?s Bene?ts 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV
160 Stockholders? Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 (405(g)) 850 Securitieleoinmodities/
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI Exchange
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage 751 Family and Medical 891 Agricultural Acts
362 Personal Injury - Product Liability Leave Act 893 Environmental Matters
Medical Malpractice 790 Other Labor Litigation 895 Freedom oflnformation
I REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 79] Employee Retirement FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U Plaintif'f' 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure
230 Rent Lease Ejectrnent 6442 Employment 510 Motions to Vacate 871 leiThird Party Act/Review or Appeal of
240 Torts to Land 443 Housing] Sentence 26 USC 7609 Agency Decision
245 Tort Product Liability Accommodations 530 General 950 Constitutionality of
290 All Other Real Property 445 Amer w/Disabilities - 535 Death Penalty IMMIGRATION State Statutes
Employment Other: Nntunrllanlion 
446 Amer w/Disabilities - 540 Mandamus Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Con?nement
V. ORIGIN (If/ace an in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 MultidIstrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
[spam-i Transfer Direct File
Cite the Civil Statute under which you are ?ling (Do not cite untesa'dr?rersr?m
VI CAUSE OF ACTION Title VII of the CiVil Rights Actof1964. as amende 42 USC. 20009-6
Brief description ofcause: . . I I
Pattern or Practice of Employment Discrimination
VII. REQUESTED IN 121 CHECK IF THIS IS A CLASS ACTION DEMAND CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23,1: Cv JURY DEMAND: Yes min
RELATED 
(See instructions):
IF ANY JUDGE DOCKET NUMBER

 

DATE SIGNATURE OF ATTORNEY OF RECORD
08/27/2019 

I ISI-I ON 

RECEIPT AMOUNT APPLYING IFP JUDGE MAG JUDGE

Case 1:19-cv-02465-ADC Document 1-2 Filed 08/27/19 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

District
of Maryland
__________
District
of __________
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)
)
)
)
)
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)
)
)
)
)

United States of America

Plaintiff(s)

v.
Baltimore County, Maryland

Defendant(s)

Civil Action No.

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Baltimore County Office of Law
Michael E. Field, County Attorney and Gregory E. Gaskins, Deputy County Attorney
400 Washington Ave.
Towson, MD 21204

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: US-DOJ, Civil Rights Division, Employment Litigation Section
Kathleen Lawrence and Kunti Salazar
Trial Attorneys
4 Constitution Square
150 M Street NE/Rm 9-932
Washington D.C. 20002

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

 Case 1:19-cv-02465-ADC Document 1-2 Filed 08/27/19 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

’ I personally served the summons on the individual at (place)
on (date)

; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

’ I returned the summons unexecuted because

; or

’ Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

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