In May, 2005, the City of Memphis (Memphis) decided to promote additional officers within the Memphis Police Department (MPD) to the rank of major. Memphis developed a content-valid exam that was relevant to the duties of the position. The promotional exam was given and the participants were ranked based on their test scores. However, Memphis cancelled the promotion list because too few minority candidates scored well enough to be promoted and because it wanted to avoid liability under Title VII of the Civil Rights Act.

Plaintiffs, who are black, white, male, and female MPD officers, brought suit alleging that Memphis intentionally discriminated against them by using race as a basis for cancelling the valid promotional process in violation of Title VII. Under Title VII, it is unlawful for an employer to “discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”

The Sixth Circuit Court of Appeals affirmed the District Court’s dismissal of plaintiffs’ complaint on the ground that as a matter of law, the City’s desire to avoid a potential lawsuit was a legitimate nondiscriminatory intent. The plaintiffs intend to file a petition for writ of certiorari to the United States Supreme Court.