Senior United States District Court Judge Sam Cummings agreed on Friday to slow down his plan for disposing a controversy between the federal government and the City of Lubbock.
This week Cummings proposed that a lawsuit filed by the office of U.S. Attorney be settled with written arguments rather than a trial.
The lawsuit, filed in December, said Lubbock discriminates against Hispanics because more Hispanics than whites fail a written test to become a police cadet. The lawsuit also said Lubbock discriminates against women because more women than men fail a physical fitness test to become a police cadet.
The USDOJ and the city filed a joint motion Thursday.
Both sides agreed that an investigative process called discovery must be done. Then, after both sides have looked at the evidence, they would agree to have the case decided by written arguments instead of a trial.
The joint motion said, “For these reasons, the parties … request permission to submit a proposed discovery plan by January 29, 2016 for consideration and entry by the Court.”
Both sides agreed there is a three-step process for deciding who wins the lawsuit. The court will determine if protected groups are the victims of disparate impact. Was there a legitimate business reason for the written and physical tests? And, finally, is there an effective alternative that would be less harmful to protected groups.
The joint motion said “Expert witness testimony will be crucial in making these determinations and can be appended to the Motions for Summary Judgment.”
Both sides also said, “Settlement discussions between the parties are ongoing and, if successful, will obviate any need for the Court to consider cross-motions for summary judgment.”
