1. a. Why did the court conclude that the Farmingville Fire Department had discriminated against Pietras?
b. Did the court conclude that Farmingville intended to discriminate? Explain.
c. What, if anything, could Farmingville have done differently to win this case?
2. a. Shouldn’t we always choose the strongest, fastest fire-fighters as long as they are otherwise well qualified? Explain.
b. After being rejected for employment as police officers with the Southeastern Pennsylvania Transportation Authority (SEPTA), several women sued SEPTA for sex discrimination based on disparate impact. The women were unable to run 1½ miles in 12 minutes, a job requirement. Fifty-six percent of the men applying for the position passed the related test, but 93 percent of the female applicants could not pass. Resolve the case. Explain.
3. a. How would you argue that Women’s Workout World, a health and exercise club, should be able to lawfully decline to accept men as customers and/ or employees?
b. Decide the case. Explain.
4. Dianne Rawlinson sought employment as a prison guard in Alabama. She was a 22-year-old college graduate with a degree in correctional psychology. She was denied employment because she failed to meet the 120-pound weight requirement for the job. The state also required such employees to be at least 5 feet 2 inches tall. Alabama operated four all-male, maximum-security prisons. The district court characterized the Alabama prison system as one of “rampant violence.” Rawlinson sued, claiming employment discrimination. Decide. Explain.
The district court found that Farmingville’s physical agility test (“PAT”), which all probationary volunteer firefighters were required to pass in order to become full-fledged volunteer fire-fighters, had a disparate impact on women.