Attorney, police proponent discuss officer vs. city lawsuit

How do you determine a fair fitness standard for an entire police department, regardless of age or gender?

It’s something that many law enforcement agencies struggle with, according to Paul Frey of the Colorado Police Protective Association.

Colorado Springs is now being sued over how its police department administered a new fitness program that began last fall.

Twelve female officers above the age of 40 accuse the city of age and sexual discrimination, believing they were punished for failing the test.

Ian Kalmanowitz, the attorney representing the officers, said they were placed on light duty and could be fired in what he calls an effort to remove older female officers from the force.

“These women were not permitted to apply for transfers or promotions, and were not entitled to any sort of pay increases while on light duty,” he said. “So everybody has lost something.”

Kalmanowitz said few law enforcement agencies have such strict requirements for a fitness test.

“My concern now is that these women don’t get fired out of retaliation for coming forward,” he said. “Failing the test had no effect on their ability to do their jobs.”

However, Frey said having such a test protects officers and the department.

“If you get into a foot pursuit and you chase a guy for a mile, and at the end he turns around and pulls a gun, are able to defend yourself?” Frey said. “Or are you going to be standing there so out of breath, that he kills you?”

Pueblo police officers have no annual physical fitness test, but the department requires officers to be “physically fit.” A physical exam with a doctor — which includes a physical fitness screening — also is required for potential officers.