The district court granted plaintiffs motion for summary judgement and the

The district court granted plaintiffs motion for

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The district court granted plaintiff’s motion for summary judgement and the Attorney General appealed. The court held that an employer does not contravene Title VII when it utilizes physical fitness standards that distinguish between sexes on the basis of their physiological differences but impose an equal burden of compliance on both men and women, requiring the same level of physical fitness of each. The court concluded that the district court erred in failing to apply to plaintiff’s Title VII claims. 2. Is this a disparate treatment or a disparate impact case? Why do you say that? What difference does this make? I believe that this is a disparate impact case. Because Bauer showed that a less discriminatory alternative test was available and the FBI refused to adopt it. In the disparate treatment is intentional discrimination as for disparate impact is unintentional discrimination. 3. What is the plaintiff’s argument? Why does the appeals court reject that argument and rule for the FBI?
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Bauer maintained that the FBI’s use of the gender-normed PFT standards was facially discriminatory, and the FBI could not justify their use under any lawful defense to Title VII liability. The district court assesses the FBI’s pre-PFT, five-part test as part of a Title VII action that was similar to Bauer’s. The court rejected the proposition and explained that Title Vii allows employers to make distinctions based on undeniable physical difference between men and women. 4. Do you agree with the decision? Why or why not? Does it ignore Title VII’s express prohibition of “race norming,” at least regarding tests affected by physiological differences between men and women? Why or why not? 5. What are some practical implications of this decision?
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  • Fall '19
  • Judgment, appeals court, Ms. Wright

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