Question $27$

Plaintiff, a female, applies for a position as a lifeguard at a seaside

resort. The lifeguard's duties are to be on hand to rescue people

who are in danger of drowning in the ocean; the resort does not

have a swimming pool. The job requirements for the position

specifically state that applicants for the position must be able to

swim $300$ yards in the ocean within a specified time period and

must be able to swim $300$ yards in the ocean while dragging a $175$

pound mannequin within another specified time period. Resort has

the same requirements for both male and female applicants.

Plaintiff cannot meet these requirements and believes that there

should be different requirements for women. Most of the

lifeguards at the resort are male. Plaintiff learns that males meet

the qualifications at a substantially higher rate than females.

Plaintiff brings a lawsuit against resort alleging illegal

discrimination. What should the result be$?$

a$.$ Plaintiff should win because there has been disparate treatment.

b$.$ Plaintiff should win because there has been disparate impact.