Case: Tatum v. Commonwealth of Massachusetts

(This summary is temporary while we research the case.) For 50 years, Massachusetts' Human Resource Division ("HRD") administered a written multiple-choice test to police officers to determine promotion to sergeant. A group of Black and Latino police officers filed suit in 2009, alleging racial and national origin discrimination in employment in the police sergeant promotional examinations. Initially, plaintiffs filed suit in the United States District Court for the District of Massachusetts (Lopez v. City of Lawrence). Ultimately, the First Circuit Court of Appeals held that the state defendants were not "employers" within the meaning of Title VII and were therefore entitled to immunity under the Eleventh Amendment to the U.S. Constitution, prompting plaintiffs to file suit in the Massachusetts state trial court.