Philadelphia accused of wrongly denying 5 white male police officers promotions
WASHINGTON — Five white male police officers in Philadelphia are suing the city, alleging they were unfairly passed over for promotions because of diversity, equity, and inclusion (DEI) policies that favored other candidates with lower performance scores.
The officers, who had “positive annual performance reviews” and “strong service records,” say they were denied captain and lieutenant positions during the November 2025 promotion cycle, according to the lawsuit filed by America First Legal (AFL).
“Federal civil-rights law prohibits employers from making promotion decisions based on race or sex,” AFL senior counsel Nick Barry said. “Promotions must be based on excellence, experience, and performance, not on the race or sex of the candidate.”
The suit cites a 2021 policy change in Philadelphia that eliminated a merit-based “Rule of Two” promotion system. Previously, city agencies were required to select from the two highest-ranking candidates on eligibility lists, determined by civil service exam scores.
Philadelphia Mayor Cherelle Parker, while on city council, led efforts to scrap the policy. Her office cited a 2018 Pew Charitable Trusts report noting that rigid rules could “undermine a manager’s ability to hire a diverse and talented workforce.” Parker’s team argued that removing the rule would give the city more flexibility to consider diversity when making promotions.
In the November 2025 cycle, the police department promoted 10 officers from lieutenant to captain and 14 from sergeant to lieutenant.
Three of the plaintiffs had applied for captain positions and ranked between 8th and 13th on the eligibility list. They were among 23 candidates interviewed but were passed over in favor of some candidates who ranked higher and others as low as 17th.
“Of the 10 individuals promoted to captain, only 50% were white males, even though white men made up 70% of the top ten and 73% of the top 15 candidates by test scores,” the lawsuit states.
The other two plaintiffs sought lieutenant roles and ranked 27th and 28th, while candidates ranked 30th and 34th were promoted instead.
The promotions have drawn criticism from the Fraternal Order of Police Lodge #5, which said it received complaints from members who felt they were unlawfully passed over.
AFL is asking the U.S. District Court for the Eastern District of Pennsylvania to block the city from using the new “Rule of Five” and to prohibit consideration of race or sex in promotions. The organization is also seeking promotion and back pay for the five officers.
The Philadelphia Police Department declined to comment due to ongoing litigation, and Parker’s office did not respond immediately.
AFL was founded by Stephen Miller, the current White House deputy chief of staff for policy.
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