Lawsuit accuses Philly of denying promotions for 5 white police officers - NBC10 Philadelphia

A conservative nonprofit is suing Philadelphia and the city’s police department on behalf of five white male officers who claim they were denied promotions and career advancements due to their race and sex.

On Thursday, Feb. 26, 2026, America First Legal (AFL) announced a federal class-action lawsuit against the city, Philadelphia Police and senior law enforcement officials who implemented Diversity Equity and Inclusion (DEI) hiring and promotion policies within the department.

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According to the lawsuit, five white male officers were bypassed for promotions to captain and lieutenant in favor of non-white male candidates. The lawsuit claims the five officers had higher civil-service exam scores than the candidates they were passed over for. It also claims the five officers had strong service records, positive annual performance reviews and significant experience in law enforcement.

The AFL said the lawsuit challenges Philadelphia’s “Rule of Five” policy which replaced the city’s previous “Rule of Two” policy. Under the “Rule of Two,” only the two highest ranking candidates on the eligible list were submitted to the requesting department for an interview during municipal hiring in Philadelphia. The city eliminated the policy in 2021 in an effort to give the city more flexibility in addressing recruitment and diversity challenges in the wake of the death of George Floyd and the national conversation on race that followed.

“Firstly, it will increase the diversity of candidate pools. Secondly, it will allow the City to leverage the use of alternate selection tools like training and experience as opposed to traditional “pen and paper” (a.k.a. standardized test) assessments,” a Philadelphia City Council spokesperson wrote in 2021.

In a statement on their lawsuit, the AFL referred to the “Rule of Five” -- which replaced the “Rule of Two” – as a “DEI promotion system.”

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“Federal civil-rights law prohibits employers from making promotion decisions based on race or sex,” Nick Barry, Senior Counsel at America First Legal, said. “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.”

NBC10 reached out to both the Philadelphia Police Department and the city of Philadelphia for comment.

A spokesperson for the police department told NBC10 they do not comment on active litigation. We will include a response from the city once we receive one.

America First Legal is a conservative public interest organization that was founded by Stephen Miller in 2021. Miller is currently the White House deputy chief of staff for policy and homeland security advisor under the Trump administration. His political views have been described as “far-right” and “anti-immigration” with his harshest critics describing his agenda as “white nationalist.” The Southern Poverty Law Center – a nonprofit that specializes in civil rights and public interest litigation -- also added Miller to its database of extremists in 2020.