The Equal Employment Opportunity Commission (EEOC) has found that the Austin Fire Department has routinely discriminated against Latinos and African-Americans, evident when accessing the results of entry exams. This type of discrimination is apparently not unique to the fire department, the behavior being indicative of patterns of discrimination that is visible throughout city of Austin; where the city's demographic break down shows that African Americans account for 8 percent of city's population and Hispanics represent 35 percent.

The Department of Justice (DOJ) sent the city of Austin a letter, stating that the Fire Department's hiring practices were deterring minority candidates.  Though the DOJ never indicates what incited the investigation, they do suggest that these tests are in in some way biased against Hispanics and African American.

They address the fact that nearly 79 percent of the fire department is white, 15 percent is Hispanic, and a mere 4 percent of the total force are African American -- the result of existing procedures.  The hiring process perpetuates percentages like these, evident in the fact that out of 636 black applicants, three of those candidates were placed on hiring lists, and only one was hired.

The AFD Fire Chief Rhoda Mae Kerr nor the city debates the DOJ's findings, but Kerr stresses that the discrimination was unintentional, that the "neutral", objective tests were evaluated, and applicants were hired from highest scores, then downward. She also said in the fire department 2012 review that the fire department actively sought out female candidates, as well as candidates of color, nearly 2,880 applicants resulting from that effort, though it does not indicate how many women or women of color were hired because of this.

Kerr additionally states that while 636 black applicants had in fact submitted applications in 2012, only 328 took the test. Nonetheless, she plans to work with Department of Justice and the City Law Department in order to improve employment procedures.