Question
United Shipping Company (USC) operates a package delivery business similar to FedEx and UPS. 95% of USC's driver/delivery employees are male. USC requires applicants for
United Shipping Company ("USC") operates a package delivery business similar to FedEx and UPS. 95% of USC's driver/delivery employees are male. USC requires applicants for these positions to take a test to demonstrate they can lift a 200-lb box and carry it while walking briskly for 25 yards.Assume that USC can show that there are both male and female applicants who fail this test, that many more of its female job applicants fail this test compared to male applicants, and that all of its male hires passed this test.Two female job applicants who did not pass this test and were not hired by USC filed a class action on behalf of female applicants claiming that USC discriminates against women applicants for the driver/delivery jobs. What arguments can the female plaintiffs make and what evidence they would need to present to have a successful discrimination claim.
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