No discipline against female officers who failed CSPD fitness test
Female Colorado Springs police officer suing the department over its Physical Abilities Test will not face discipline for failing the test.
In a U.S. District Court ruling, a judge ruled that CSPD cannot issue disciplinary action or adverse employment action against any female officer 40 years old or older as a consequence for failing the test.
CSPD cannot issue any performance improvement plans to the plaintiff, according to court documents. Also, any officer moved to light duty as a result of the test must be restored to full duty status.
All of these rulings are in place until a final decision is made in U.S. District Court.
We first told you about the CSPD’s Physical Abilities Test in January. Twenty-five of 628 officers failed the test.
Then in April, 12 female officers sued the department alleging age and gender discrimination.
Below is a copy of the message that Chief Pete Carey sent to police department employees about the decision.
For the past several years, CSPD has been involved in an extensive project to evaluate whether to adopt fitness standards for its sworn officers, validate what minimum fitness standards were job related, and develop and implement a Physical Abilities Test (PAT) that had been carefully formulated. CSPD was guided in this process by a consultant with expertise specific to physical abilities testing of police officers. To ensure officer success, CSPD called upon many resources in our community, including local healthcare and sports facilities, to provide personal training sessions and design exercise plans.
As most of you are likely aware, the City is presently defending a federal lawsuit challenging the PAT. I continue to believe that mandatory physical fitness testing is the right thing to do for our community and our officers, and is a fair and appropriate minimum qualification to expect of those selected to protect and defend. Although I feel strongly about the PAT, I welcome review of our program to ensure it is a valid reflection of minimum qualifications.
However, bearing in mind my duty to carefully steward the tax dollars and personnel entrusted to me by the community, I have decided to agree to suspend PAT testing until the outcome of the federal litigation.
Please know that this decision was not reached easily, and I recognize that our officers have embraced the culture of physical fitness. Nonetheless, I believe this is a necessary step to ensure the City obtains a full and fair review of the PAT program.
It is my hope that all officers will continue a commitment to this culture of fitness while the PAT is suspended. I certainly appreciate, and based on feedback we have received, the Colorado Springs community appreciates, that commitment.
If you have questions regarding the impact of the PAT program suspension on your particular situation, please direct those questions to your chain of command or CSPD Human Resources.
If you are scheduled to attend In-Service Training, please report to the CSPD Training Academy at 0800 hours, rather than the Global Village facility.
Peter Carey, Chief of Police
