''Dothard v. Rawlinson'', 433 U.S. 321 (1977), was the first
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case in which the
bona fide occupational qualifications (BFOQ) defense was used.
Background
In 1977, there were height and weight restrictions (minimum 5’2”, 120 lbs) to be considered as an applicant for an
Alabama
(We dare defend our rights)
, anthem = "Alabama"
, image_map = Alabama in United States.svg
, seat = Montgomery
, LargestCity = Huntsville
, LargestCounty = Baldwin County
, LargestMetro = Greater Birmingham
, area_total_km2 = 135,765 ...
prison guard. Such requirements ruled out Dianne Rawlinson, who brought forth a
class action suit
A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class actio ...
against the requirements under the
disparate impact theory of
Title VII
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requi ...
. After Rawlinson filed her suit, Alabama passed a regulation requiring that guards be the same sex as the inmates. Alabama then had four all-male maximum security prisons and only one all-female prison.
The lower court sided with Rawlinson and claimed that the requirements created an arbitrary barrier to equal employment to women. The state then appealed to the Supreme Court and claimed that the sex, height, and weight requirements were valid occupational qualifications because of the nature of the job.
Judgment
The Court ruled 8-1 that the height and weight restrictions were discriminatory and that the employer had not proven that the height and weight standards were necessary for effective job performance. On the issue of whether women could fill close contact jobs in all male maximum security prisons, the Court ruled 6-3 that the BFOQ defense was legitimate in this case. The reason was that female prison guards were more vulnerable to male sexual attack than male prison guards were.
[Cushman, C., 2001, Supreme Court Decisions and Women's Rights. CQ Press. pp. 122-8]
See also
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US labor law
United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "org ...
References
External links
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{{DEFAULTSORT:Dothard V. Rawlinson
United States Supreme Court cases
United States employment discrimination case law
1977 in United States case law
Legal history of Alabama
Penal system in Alabama
United States Supreme Court cases of the Burger Court
United States gender discrimination case law
United States labor case law
History of women in Alabama