''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 turn on question ...
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
Alabama ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South, Deep Southern regions of the United States. It borders Tennessee to the north, Georgia (U.S. state), Georgia to the east, Florida and the Gu ...
prison guard. Such requirements ruled out Dianne Rawlinson, who brought forth a
class action suit
A class action
A class action is a form of lawsuit.
Class Action may also refer to:
* ''Class Action'' (film), 1991, starring Gene Hackman and Mary Elizabeth Mastrantonio
* Class Action (band), a garage house band
* "Class Action" (''Teenage R ...
against the requirements under the
disparate impact theory of
Title VII. 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
*
US labor law
United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the " inequality of bargaining power" between employees and employers, especially employers "organized in ...
References
External links
*
{{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
History of women in Alabama