Federal courts don’t like being turned into proxies for HR departments, but they will act when necessary. That’s how the 6th Circuit Court of Appeals recently came to order the immediate promotion of police officers in a discrimination case that has been in the courts for more than a decade and still isn’t finished.
Recent case: Minority police officers sued the city of Memphis 11 years ago, claiming the promotion test they had to take was biased. The test was revised on court order and the officers all passed the new version. Their lawyers asked the court to order their immediate promotion, pending appeal. The court did so, and the city appealed.
The 6th Circuit Court of Appeals said the officers had waited long enough. Their promotions take effect immediately. (Johnson v. City of Memphis, No. 10-5252, 6th Cir., 2011)