COLORADO SPRINGS - The city of Colorado Springs, Human Performance Systems, Inc. and 12 current and former Colorado Springs police officers have reached a settlement in the case regarding the physical abilities test discriminating against women over 40.
The total settlement amount of $2,471,350 will be paid by Starr Indemnity, the City’s excess liability insurance carrier, and Lloyd’s of London, HPS’s insurance carrier.
The settlement will be divided among the 12 Plaintiffs.
Even though the City reached an agreement, it still stands by the test saying it is "not discriminatory and that it did not engage in any wrongdoing." The City said the Colorado Springs Police Department sought input from numerous police officers, other City personnel, and fitness professionals when developing the test.
PAT development started in 2009, and HPS, the company hired by CSPD to develop the test, completed the test development in October of 2011.
The first PAT was administered in 2014. No police officers were terminated for failing the physical abilities test.
The Police Department started administration of the second test in 2015. However, prior to completing testing, the Plaintiffs filed a lawsuit in the U. S. District Court for the District of Colorado and sought a preliminary injunction to prevent the Police Department from testing pending the outcome of the lawsuit. In November 2015, the City agreed to stop testing pending the outcome of the case.
Plaintiffs brought several claims against the City. U.S. District Court Judge Richard Matsch decided to have one trial on the issue triable to a judge and another trial on the issues triable to a jury. In July of 2017, following a bench trial, Judge Matsch held that the physical abilities test had a different impact on women.