A conservative non-profit group is suing the city of Philadelphia and the city’s police department, alleging that five white male officers were denied promotions because of diversity, equity, and inclusion policies.
America First Legal (AFL) announced a federal class-action lawsuit on Thursday afternoon. The lawsuit alleges that the five officers warranted promotions to captain and lieutenant because of high civil-service exam scores, strong service records, positive annual performance reviews, and their overall experience in law enforcement.
However, the AFL claims that the officers were essentially penalized by the department no longer using the “Rule of Two” policy. Previously, the “Rule of Two” meant that only the two highest-ranking candidates on the eligible list were submitted to a list for potential promotions. The Philadelphia City Council eliminated the “Rule of Two” in 2021 to “address recruitment and diversity challenges.”
“Of the 10 individuals promoted to captain, only 50% were white males, even though white men constituted 70% of the top ten candidates and 73% of the top 15 candidates by test scores,” the lawsuit reads.
/1🚨BREAKING — AFL has filed a federal class-action lawsuit on behalf of white male Philadelphia police officers who were passed over for promotions and denied advancement because of their race and sex. pic.twitter.com/br2rnzRSWU
— America First Legal (@America1stLegal) February 26, 2026
The Philadelphia Police Department had not publicly commented on the lawsuit as of publication.
The officers in question sought promotions this past November, with three seeking a move from lieutenant to captain. The other two, both sergeants, hoped to become lieutenants. At the time, there were 10 available positions, and the three lieutenants seeking promotion ranked eighth, eleventh, and 13th on the “captain eligibility” list based on the exam scores. The lawsuit claims that six candidates, five of whom were white males, were passed over in favor of those with lower scores.
As for the two sergeants, they claim they were passed over for promotion “in favor of lower-ranked female or minority candidates” who had lower scores.
“Federal civil-rights law prohibits employers from making promotion decisions based on race or sex,” Nick Barry, Senior Counsel at America First Legal, said in a press release. “Put simply, employers cannot use protected characteristics to override merit. Promotions must be based on excellence, experience, and performance, not on the race or sex of the candidate.”
Few things could be dumber as a matter of public policy than promoting law enforcement based on anything other than MERIT.
But here we are, fighting another illegal racially discriminatory policy in Philadelphia.@America1stLegal will zealously advocate for our clients. https://t.co/UNR0PNqZXa
— Gene Hamilton (@GeneHamilton) February 26, 2026
Leslie Marant, the Philadelphia Police Department’s chief DEI officer, sued the City this past October. Marant claimed that she was subject to sexual discrimination before being fired in January 2024.
“White guilt is an epidemic in Philadelphia,” Philadelphia activist Cliff Maloney wrote on X. “No more. Stand up and fight back against the discriminatory acts against white men.
The Philadelphia Police Department isn’t the only outlet dealing with DEI-related issues. A Tennessee-based musician is suing the Knoxville Symphony and alleges that he lost his position as principal clarinetist for race-related reasons. Elsewhere, the Los Angeles Unified School District is accused of using Equitable Grading and Instruction, a DEI practice, to determine how students are graded.
