Five white male officers with the Philadelphia Police Department have filed a lawsuit against the city, alleging they were denied promotions because of their race and gender. The legal action was filed by America First Legal on behalf of the officers, who claim the department implemented policies that prioritize diversity over merit.

According to the complaint, the officers had strong qualifications, including high civil-service exam scores, positive performance reviews, and extensive law enforcement experience. Despite these credentials, the lawsuit alleges they were passed over for promotions to lieutenant and captain positions.

The suit argues that Philadelphia attempted to align the racial demographics of its police leadership with the overall population of the city, which the officers say led to promotions being given to minority or female candidates with lower rankings on eligibility lists.

Central to the dispute is the department’s “Rule of Five” policy. Under this system, decision-makers can choose from among the top five candidates on the promotion eligibility list rather than being required to select the top-ranked applicant. Critics argue the policy allows officials greater discretion to consider diversity factors in promotion decisions.

Prior to the policy change, the department operated under a “Rule of Two” standard, which required promotions to be selected from the top two candidates based strictly on merit rankings. The shift came after the 2020 death of George Floyd and the nationwide debates over policing and racial equity that followed.

Nick Barry, senior counsel at America First Legal, argued that federal civil rights law prohibits employers from making employment decisions based on race or sex. He said promotions should be determined by “excellence, experience, and performance,” not demographic characteristics.

America First Legal said the lawsuit is part of its broader campaign challenging diversity, equity, and inclusion policies across the country. The group has pledged to take legal action against public and private employers that it believes use race or sex as factors in hiring or promotion decisions.