Philadelphia sued for allegedly not promoting five police officers because they are white
S E E D E D C O N T E N T
The city of Philadelphia is facing a lawsuit from five police officers who claim they were denied promotions because of their race and sex.
The plaintiffs include Lieutenants Christopher Bloom, Kollin Berg and Joseph Musumeci, as well as Sergeants Marc Monachello and LeRoy Ziegler Jr., all of whom are White males. The class-action lawsuit alleges that in November 2025, the five officers were denied promotions because of their race and sex due to the city's "Rule of Five" policy.
"The City of Philadelphia has adopted a Diversity, Equity, and Inclusion (DEI) promotion policy that it calls the 'Rule of Five,' which was instituted for the express purpose of increasing the representation of minority and female candidates in supervisory positions within the City of Philadelphia at the expense of white men," the lawsuit reads.
For decades, Philadelphia had used the "Rule of Two," which mandated appointing authorities to choose between the top two candidates on the civil-service eligibility list for promotions. The practice ended in 2021 when the city adopted its "Varying Rule" policy, commonly known as the "Rule of Five," which gives the appointing authorities the ability to choose from a larger pool of candidates.
When introducing the 2021 policy, then-City Council Member Cherelle Parker , who is now the mayor of Philadelphia, said that "the Rule of Two has held back Black and Brown employees, either from obtaining that entry-level job or from getting that promotion."
America First Legal , which filed the lawsuit, alleges that the city of Philadelphia, Philadelphia Police Department (PPD) and "senior law enforcement" implemented the policy to manipulate "the racial and gender makeup" of the police force so it mirrors that of the city itself, "regardless of individual merit."
"Federal law forbids employers from discriminating against Americans based on their race or sex. There is no exception for white Americans. No discrimination means no discrimination, and we will vindicate the rights of our clients," Gene Hamilton, President of America First Legal, said in a statement provided to Fox News Digital.
America First Legal said that Wally Zimolong of Zimolong LLC and Jonathan F. Mitchell of Mitchell Law PLLC would serve as co-counsel in the lawsuit.
"We are not targeting the City of Philadelphia. The City just so happens to habitually enact policies that violate the United States Constitution," Zimolong told Fox News Digital.
This is not the first time that Philadelphia Police Department's promotional policies have been challenged. In November 2025, the Fraternal Order of Police Lodge #5 (FOP) asked the Justice Department to investigate.
In a statement following the November 2025 promotion announcements, the FOP said that despite being assured that there would be "no widespread use of the 'Rule of Five,'" the promotions "clearly show otherwise," according to the lawsuit.
"The FOP has filed grievances on behalf of all impacted members and is actively exploring additional remedies, including potential relief under recent guidance provided by the Federal Department of Justice and Equal Employment and Opportunity Commission concerning unfair DEl practices in law enforcement," the union's said in a statement cited in the class-action lawsuit.
"Frankly, we need more support for our officers at a critical time when morale is low and retention of our officers is vital to the department’s long-term growth and success," it added.
FOP President Rosevelt Poplar said at the time that there were an increasing number of complaints from members who "believe they have been unlawfully passed over for promotion under the city's current promotional practices," according to WTXF-TV . The outlet noted that the union said that many of the complaints came from officers who thought they were passed over for promotions in favor of less qualified candidates because of protected characteristics, such as race and gender .
The lawsuit makes several requests for relief, including a permanent end to the "Rule of Five" and a ban on considering race and sex for hiring or promotions. Additionally, the lawsuit asks that the plaintiffs be promoted to their respective ranks. It also asks that the plaintiffs be given retroactive seniority, benefits and back pay for what they lost by not being promoted in November 2025.
The Philadelphia Police Department declined to comment. Mitchell and the FOP did not immediately respond to Fox News Digital's request for comment.
Fox News Digital also reached out to the Philadelphia mayor's office for comment but did not immediately hear back.
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DEI is racist.
The rule of two gave us Frank Rizzo multiple times and there was no meaner or more racist person alive.
That man extended Jim Crow in practice for decades trying to keep women and minorities off of his police force as Police Chief and as Mayor.
Redress known as affirmative action isn't DEI. It's aim is to have a police department that reflects the city's population.
Regular discrimination and segregation was multiplied by Rizzo to make a Philly Police force in his white Italian macho image.
The stain is still there, hence the rules change from rule of two ( often horrible )_ candidates to "rule of 5" to give superiors a better set of choices.
It deserves to be tested in court, but the City will win, even if it has to accept a rule of 3.
The Brutal Legacy of Frank Rizzo, the Most Notorious Cop in Philadelphia History
Looking Back at Philadelphia’s Notoriously Racist Mayor Frank Rizzo
When Philadelphia’s Foul-Mouthed Cop-Turned-Mayor Invented White Identity Politics | What It Means to Be American
MAGA is more or less ignorant of the past.
A couple days ago Trump said the Reconstruction is another word for the Civil War.
Glass houses....stones... this will not end well.
I was going to say that this case will rip open nearly healed wounds
That made me realize how much I still hate that ignorant foul mouthed animal.
Met him a few times, scary as shit.
I also met the people in MOVE; hated the stupid names but they were basically nice people and gave me permission to cut through their neighborhood.
Could not believe that Frank Rizzo not only bombed their house from the air but burnt down the entire neighborhood.
Right. Because what happened generations ago makes it acceptable to racially discriminate against innocent people born this century.
This means the descendants of these victims will be entitled to race discrimination on their behalf and the cycle goes on and on...
.
The police department in Philly was 20% black before Frank Rizzo and 7% when he left, but the key became the union, the FOP.
Now the PPD is 67% white in a city where the residents are 60% black or Hispanic.
The disparity is maintained by almost exclusively hiring white recruits to the PP Academy controlled by the union.
There were no non whites accepted again this year despite the 1,100 openings. average graduates number 39.
The DoJ investigated in 2015 and the takeaway was that 80% of the people killed by police from 2007 to 2014 were black.
2015 is not generations ago but I can attest to hearing the same complaints about Phiily police and Philly Fire & Rescue promotions and being passed over for an Italian
or a German or heaven forbid an African American...
It's a family, an overwhelmingly white family.
It screams for civilian oversight but the FOP is very powerful.
The History of Racism in the Philadelphia Police Department | TIME
The Philadelphia Police Department has a Racism Problem - ACLU of Pennsylvania
Thank you, SP! For standing up and enlightening this (pathetically sick) subject matter. I can not put words to how sad this article and its discussion makes me feel.
You see Sean, these Progressive elitists who like calling everyone else "racists" are the worst example of racists. They are basically segregationists. They don't live near minority groups and used DEI for the rest of the country.
Every once in a while, they expose themselves because the self-righteous veneer is extremely thin.
The most recent example came from the Gov of California:
"I'm not, you know, I'm not trying to impress you, I'm just trying to impress upon you, I'm like you. I'm no better than you," Newsom told Mayor Andre Dickens at a book tour event on Sunday in Atlanta, Georgia, at the Rialto Center for the Arts.
"You know, I'm a 960 SAT guy. And, you know, and I'm not trying to offend anyone, you know, ‘trying to act all there if you got 940,’ Newsom continued. "Literally a 960 SAT guy, you’ve never seen me read a speech. Because I cannot read a speech. Maybe the wrong business to be in."
Newsom ripped over 'racist' viral clip telling Black mayor 'I'm like you' before touting poor SAT score
You really do not know what a racist is, do you? Making a lame statement or series of lame statements does not a racist make. Albeit, people should be careful with their off the cuff remarks. A racist is defined by his or her WORLDVIEW of another group of persons. That is, two things can be true at one time. . . minorities may need to improve their SAT scores overall (and people such as Newsom too) and people such as Newsom can be in a party that supports betterment for minorities, nevertheless!
Just posting sh-t to stir up sh-t is OPPORTUNISTIC bullsh-t! And, I will call that out!
Look at the totality of Newsom's 'story' in politics. . .and, for that matter, look at he totality of the democratic party's leadership on civil rights and compare it to Christian Nationalists predominately found and situated in the republican party who try to persuade minorities to become. . .THEM and you will find were real suppression exist INSTEAD of FREEDOM. Y'all wish liberals to become conservative and Christian (about it) at that! Of course, as long as minorities tow the line they may be able to stay in the party. . . as long as they do not buck the system!
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Newsom should know better than to make such a remark. Still, one remark does not a mindset establish, even of this type. Look at the actions and policies of the 'governor' - there is where that man's HEART is!
Case in point: When I was in the service, a white servicemember with a southern accent "attached" himself to me and I loved it. To be clear the relationship was platonic. That dude loved me in his own way. After we had done 'everything' together for months. .. and I do mean 'everything' one day I drove by some black males standing on the street. . .and my 'bestie' turned to me and said words to the effect: "Look at those 'Colors' over there.'
He had no clue of the offense he had committed by letting me see that side of him. Of course, it turns out that he is not racist. . . just unclear about how to express himself across racial lines in that instance! Now, if I had tried to 'disown' him over a bad 'instance' - I would have lost a good man over a mistaken remark without giving him a chance to self-correct!
You really do not know what a racist is, do you
Racists are people who are so obsessed with race that they see everything through the prism of race, to the point where they justify actual race discrimination by the government.
Let me give you an example of racism, Sean. . . just look throughout American history for what real racism smells, looks, and feels like. . . including throwing people out of work simply because of what they are or what racist CHOOSE to believe about them. Also, look at Dylan Roof of the Emmanuel African Methodist Church in Charleston, South Carolina.
Our 'job' is to defeat racists and racism as the SIN it is. And it high-time that the Church get off its ASS and talk some sense into its BIGOTED congregation/s about the rights of others to live with religious suppression masquerading itself as Freedom (it is not!)
I would also caution so-called 'reasonable' conservatives not to simply adjust 'smoke and mirrors' to try to persuade minorities of varying stripes that we do not know what we are experiencing in our collectives, plural, because I assure you that we know what we deal with just as much (if not more) than you conservatives what you go through!
including throwing people out of work simply because of what they are or what racist CHOOSE to believe about them
yes, allowing race to determine hiring decisions is classic racism.
Also, look at Dylan Roof of the Emmanuel African Methodist Church in Charleston, South Carolina.
One of many examples.
Our 'job' is to defeat racists and racism as the SIN it is
yes, and the most important step in doing that it is making race discrimination illegal.
You would vote for a law to making racial discrimination (hatred) illegal and punishable everywhere in this country by law?
Secondly, it is important to point out that 'hiring practices' properly done seek to feel a need. That is, states and agencies know what their goal/s are in hiring. . . in some cases whites are overwhelming the system in states (and that does a disservice to diversity where people of other stripes need to eat, prosper, and have freedom to express themselves too). The 'house' - a properly run - enterprise or government or 'house' looks at the needs of the 'many' - not just the one.
And damn sure, not the 'one' that simply howls the loudest due to privilege and status.
And I repeat: Christian Nationalism and white nationalism, both, are racists, sexists, and divisive as 'Hell.' Maybe even more so than Hell, since it still remains to be discovered if Hell is real.
You can't make "hatred" illegal. We can and should, stop employers and the government from discriminating on the basis of race.
Of course, the hatred I am discussing is that which is relevant to race, sex, gender, and the like. General hatred is a 'people' issue.
And, how about sexuality and gender? Can we get this government to let ('hungry') transsexuals serve their country like other medically acceptable citizens in the service (not being removed as a class)?
Because, when one citizen is negatively discriminated against we all are impacted (whether we know or feel the effect or not)!
In essence, whenever white people aren't chosen they will sue?
The police department is set up just like the Pentagon. There are only so many of each rank & Pay allowed due to budgeting and the City Charter and probably a half dozen other rules.
So say the 5 win, that means 5 have to be removed, who will also sue just costing the city more and more money forcing layoffs of more police and fireman.
Way to go, Zimolong.
Conservative Public Policy Litigation, Election Law, Election Integrity Law, and EDO
SMH
Copperhead Democrat in 1862:
Mad at Lincoln for spending millions of dollars to end race discrimination in the South..
What's your point, Copperheads were Southern states and CSA sympathizers who thought slavery and secession were just fine.
They were no better than the Southern Democrats who owned slaves, they were proud Conservatives.
Copperheads were northern democrats who used every means possible to fight for race discrimination. I'm sure I can find examples of them bitchcing about the cost of ending it, like you are doing.
Billions wasted on Somali fraud in Minnesota? Not a peep, except for anger that anyone dare mention it.
But ending race discrimination that could possibly result in money being spent.. That you'll criticize....
Let me reword it for the people who don't always listen or even read the citations presented.
Copperheads were sympathizers of the Southern States and CSA and thought that slavery and secession were just fine,
they were no better than their southern Democratic slave owning conservatives.
Better?
Prove it, that's simple enough. Where is the current MN AG or US AG in the investigation? Still going through Veritas like gotcha investigative videos?
Lots of info on numbers as high as $18 billion including the PPP funds that you yourself argued, were designed to be forgiven. The scope of the PPP "fraud" was as much as 200 Billion stolen by people who were not Somalian. 82 Somalians charged, out of a few hundred thousand American citizens of Somalian ancestry.
The very structure of the loans and forgiveness attracted crooks of all kinds including Republican Congressmen.
I don't have a clue what that means other than you race as a weapon every chance you can.
Pathetic.
This article turns my stomach. Why? Because the usual suspects are at it again! The fossils won't let us enjoy our 'peace.' They simply won't leave us alone. Every chance there is to attack, injure, abuse, and keep minorities down. . .racists take it. It is so disturbingly sad to realize and accept that this country-our country- highly probably be a sick land (again) when I depart it.
I am pretty sure that 'Washington' has been read into this challenge. . . won't be long now when the guy at the top will chime in. . . as he loves a good fight even when it is wrong.