89
picture is far more complex. Some studies show that Africa-American officers are less
prejudiced than white officers as a whole, are more familiar with African-American
communities, are more likely to arrest white suspects and less likely to arrest black suspects, and
receive more cooperation from African Americans with whom they interact on the job. See
David A. Sklansky, Not Your Father’s Police Department: Making Sense of the New
Demographics of Law Enforcement, 96 J. Crim. L. & Criminology 1209, 1224-25 (2006). But
studies also show that African Americans are equally likely to fire their weapons, arrest people,
and have complaints made about their behavior, and sometimes harbor prejudice against African-
American civilians themselves. Id.
While a diverse police department does not guarantee a constitutional one, it is
nonetheless critically important for law enforcement agencies, and the Ferguson Police
Department in particular, to strive for broad diversity among officers and civilian staff. In
general, notwithstanding the above caveats, a more racially diverse police department has the
potential to increase confidence in police among African Americans in particular. See Joshua C.
Cochran & Patricia Y. Warren, Racial, Ethnic, and Gender Differences in, Perceptions of the
Police: The Salience of Officer Race Within the Context of Racial Profiling, 28(2) J. Contemp.
Crim. Just. 206, 206-27 (2012). In addition, diversity of all types—including race, ethnicity, sex,
national origin, religion, sexual orientation and gender identity—can be beneficial both to police-
community relationships and the culture of the law enforcement agency. Increasing gender and
sexual orientation diversity in policing in particular may be critical in re-making internal police
culture and creating new assumptions about what makes policing effective. See, e.g., Sklansky,
supra, at 1233-34; Richardson & Goff, supra, at 143-47; Susan L. Miller, Kay B. Forest, &
Nancy C. Jurik, Diversity in Blue, Lesbian and Gay Police Officers in a Masculine Occupation,
5 Men and Masculinities 355, 355-85 (Apr. 2003).
60
Moreover, aside from the beneficial impact
a diverse police force may have on the culture of the department and police-community relations,
police departments are obligated under law to provide equal opportunity for employment. See
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
Our investigation indicates that Ferguson can and should do more to attract and hire a
more diverse group of qualified police officers.
61
However, for these efforts to be successful at
increasing the diversity of its workforce, as well as effective at increasing community trust and
improving officer behavior, they must be part of a broader reform effort within FPD. This
reform effort must focus recruitment efforts on attracting qualified candidates of all
demographics with the skills and temperament to police respectfully and effectively, and must
ensure that all officers—regardless of race—are required to police lawfully and with integrity.
60
While the emphasis in Ferguson has been on racial diversity, FPD also, like many police agencies, has strikingly
disparate gender diversity: in Ferguson, approximately 55% of residents are female, but FPD has only four female
officers. See 2010 Census, U.S. Census Bureau (2010), available at factfinder.census.gov/bkmk/table/1.0/en/DEC
/10_DP/DPDP1/1600000US2923986 (last visited Feb. 26, 2015). During our investigation we received many
complaints about FPD’s lack of gender diversity as well.
61
While not the focus of our investigation, the information we reviewed indicated that Ferguson’s efforts to retain
qualified female and black officers may be compromised by the same biases we saw more broadly in the
department. In particular, while the focus of our investigation did not permit us to reach a conclusive finding, we
found evidence that FPD tolerates sexual harassment by male officers, and has responded poorly to allegations of
sexual harassment that have been made by female officers.