Philadelphia Officers Sue Over DEI Policies

Washington — Five white male police officers in Philadelphia are suing the city, arguing that its diversity, equity, and inclusion (DEI) initiatives led them to unjustly miss out on promotions. They claim that this shift favored candidates who performed worse based on key performance metrics.

The lawsuit, brought by America First Legal (AFL), states that these officers had “favorable annual performance reviews” and solid service records when they were overlooked for captain and lieutenant positions during the November 2025 promotion cycle.

“Federal civil rights law prohibits promotion decisions based on race or gender,” noted AFL senior counsel Nick Barry. He further emphasized that “employers cannot use protected characteristics to deny benefits,” urging that promotions should depend on merit, experience, and achievements—rather than race or gender.

The lawsuit criticizes the 2021 policy changes in Philadelphia that removed the merit-based “Rule of Two” promotion system. This previous framework required city officials to select from the top two candidates based on their civil service exam scores.

Sherrell Parker, the Mayor of Philadelphia, previously championed the removal of this rule while serving on the City Council. She supported this change based on a 2018 report indicating that the rule could hinder efforts to create a diverse and skilled workforce by too strictly delineating candidates with similar qualifications, according to the Pew Charitable Trusts.

At the time, Parker’s team suggested that abolishing the “two-person rule” would allow for more adaptable hiring guidelines that could address concerns like the diversity of candidates for new positions.

In November, the Philadelphia Police Department saw 10 promotions from lieutenant to captain and 14 from sergeant to lieutenant. Among the plaintiffs, three were vying for captain, while the other two aimed for lieutenant positions.

The aspiring captains ranked between 8th and 13th on the Captain’s Eligibility List based on their civil service exam performance, and they were part of 23 candidates interviewed for the role. The complaint claims the city promoted individuals ranked as low as 17th, even though many higher-ranked candidates were overlooked.

The lawsuit states that among the 10 promoted to captain, only half were white men, despite white men constituting 70% of the top 10 candidates and 73% of the top 15 based on exam scores. For the lieutenant positions, the two plaintiffs ranked 27th and 28th, even though several others on the list had already received promotions. Candidates ranked as low as 30th and 34th were among those elevated.

This situation has sparked concerns from the Fraternal Order of Police Lodge #5, which received complaints from members who believe they were unfairly sidelined.

AFL is requesting the U.S. District Court for the Eastern District of Pennsylvania to stop the city from applying the “Rule of Five” and from considering race or gender in hiring or promotional decisions.

Additionally, they’re seeking promotions and back pay for the five officers involved. Philadelphia police have refrained from commenting on the ongoing legal matter, and Parker’s office did not respond to inquiries.

AFL was founded by Stephen Miller, who is currently the deputy chief of staff for policy at the White House.