New Report on Police Diversity

New Report Shows Dramatic Impact of 1970s-Era “Consent Decree” on Police Diversity in Massachusetts

Long-Running Federal Court Oversight to End Soon, Raising Concerns About Backsliding

A comprehensive new study released by The Brattle Group analyzes the dramatic impact that a 50-year-old federal court case has had on police diversity throughout Massachusetts. The discrimination lawsuit, filed in the 1970s, led to a court-ordered “consent decree” that has governed the hiring of entry-level police officers in Massachusetts for the last five decades. The study finds that the consent decree substantially boosted the ranks of Black and Hispanic police officers in the Commonwealth—but that those gains are at risk now that the decree is slated to end later this year. Officers of color in the long-running litigation are represented on a pro bono basis by WilmerHale and Lawyers for Civil Rights.

The consent decree was ordered in the 1970s and initially covered more than 100 cities and towns throughout Massachusetts, requiring them to take aggressive steps to diversify their police departments. Over time, jurisdictions could petition to be released from the consent decree once their police forces better reflected the communities they served. Boston was released from the police consent decree in 2003. Today, only two of the state’s police departments—Holyoke and Randolph—remain under the decree, which is set to expire on December 31, 2024. Key findings from Brattle’s An Analysis of Consent Decrees and Police Diversity In Massachusetts report include:

• The consent decree helped diversify Massachusetts’ police departments substantially. The Brattle report finds that most local police departments studied over the period 1990–2016 achieved diversity levels for Black and Hispanic officers that more closely aligned with the diversity of the communities they served. Comparable jurisdictions outside of Massachusetts that were not under a consent decree achieved much less diversity during the same time period
• Once municipalities are released from the consent decree, there is a significant risk of “backsliding”—though not always. The Brattle report finds that Massachusetts police departments that were released from the consent decree before 2000 have less diversity today relative to their population than those still under the consent decree or recently released from it, indicating a risk of backsliding. For example, police departments in Fall River and Lynn were exempted from the decree by 2002 and showed a decline in diversity over the ensuing decade. However, other jurisdictions, such as Brookline, have increased police diversity since their release from the consent decree.
• Groups not covered by the consent decree did not experience the same gains. The Brattle report found that racial groups not covered by the decree—most notably Asian and Pacific Islander communities—are generally under-represented in Massachusetts’ police departments, often falling well below their community representation. The report notes that renewed focus on groups not covered by the decree is particularly necessary going forward.
• A companion consent decree for fire departments shows similar trends. A similar consent decree has also governed entry-level hiring for fire departments since the 1970s. Only three fire departments (Chelsea, Holyoke, and Lawrence) remain under this decree, which is also set to expire later this year. The Brattle report finds evidence of similar trends—progress, then risk of backsliding—for fire departments.

“The consent decrees we fought for and monitored over the last 50 years have significantly diversified public safety agencies throughout the Commonwealth,” said Oren Sellstrom, Litigation Director of Lawyers for Civil Rights. “We are enormously proud of that accomplishment because we know that when police and fire departments reflect the communities they serve, that increases community trust and makes all of us safer. But there is tremendous work that still needs to be done.”

“Our analysis suggests that the Massachusetts consent decree has positively influenced diversity levels in affected police departments,” said Dr. Shastri Sandy, Principal at The Brattle Group. “However, our data also indicates a need for increased attention once cities and towns are no longer subject to judicial oversight. The potential for diversity levels to decrease again is very real—though by no means inevitable.” 

To that end, the Brattle report concludes by describing several initiatives that Massachusetts cities and towns have started to maintain or increase police and fire diversity. These initiatives include:

• Police and fire “cadet” programs, which remove traditional barriers to entry and are aimed at diversifying entry-level employment pools
• Use of language certifications (i.e., providing preferential treatment in hiring to applicants who speak a language other than English)
• Focused recruitment in communities of color
• Consistent monitoring of workforce demographics to chart progress or backsliding over time
• Increased focus on equity in promotions
• Increased focus on retention strategies  

An Analysis of Consent Decrees and Police Diversity in Massachusetts was authored by a pro bono Brattle team including Associates Dr. Angela Golemac and Dr. Anita N. Walsh and Principal Dr. Shastri Sandy. The full report is available on Brattle’s website: https://www.brattle.com/insights-events/publications/brattle-consultants-analyze-the-impact-of-50-year-old-consent-decree-on-police-diversity-in-massachusetts-in-pro-bono-report/.

A free community event and panel discussion on the impact of the consent decrees, featuring representatives from The Brattle Group and Rep. Chynna Tyler (7th Suffolk), will be hosted by WilmerHale on Thursday, September 26, 2024. For more information and to RSVP, please email reception@lawyersforcivilrights.org. 

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