S

Dothard V. Rawlinson

1977

Group:Katie Harlow, Mike DeSantis, Caitlin Loyd, Zach

Madden

Overview

Diane Rawlinson wanted to be an Alabama prison guard

Sex: Female

Age: 22

Height: 5’ 3”

Weight: 115 lbs

Education: University of Alabama:

Degree in Correctional psychology

Alabama Law

1977 Alabama Prison Guard Requirements

Minimum height: 5’ 2”

Minimum weight: 120 lbs

Diane was allowed to work as a counselor, not a guard

Disparate Impact theory of Title VII

Filed a complaint with the Equal Employment Opportunity Commission alleging sex discrimination. Also known as disparate impact theory of title VII

Disparate Impact: practices in employment, housing, and other areas are discriminatory if they have a disproportionate adverse impact on persons along the lines of a protected trait

Title VII: Prohibits discrimination by employers on the basis of race, color, religion, sex, or national origin

After Complaint

Alabama passed regulation requiring guards be the same sex as the inmates

4 all male prisons and 1 all female prison

Brenda Meith was a co plantiff Same argument for state trooper requirements

Court Ruling

In favor of Rawlinson

Height and weight requirements had no relationship to the job requirements Excluded 41.13% of the female population for prisons Excluded 1% of the male population for prisons Height requirement excludes 33% of women from

prison guards and state troopers Weight requirement excludes 22% of women from

prison guards and state troopers

Court Ruling

Upheld gender ruling

Bona Fide Occupational Qualifications (BFOQ): Employers are allowed to consider a few

qualifications when making employment decisions when that qualification is reasonably necessary to the normal operation of the business

20% of male prisoners are sex offenders are scattered throughout system. Having female guards in contact with these prisoners is a security threat because of gender

Aftermath

Opened many doors for women

Allowed women to be hired in traditionally men dominated law enforcement jobs

Laws have changed and large growth 2001: women made up 24.5% of correctional

workforce in male custodial facilities 2007: women made up 40% of all adult correctional

staff

Work Cited

http://legacysplc.wwwsplcenter.org/legal/docket/files.jsp?cdrID=7

http://en.wikipedia.org/wiki/Dothard_v._Rawlinson

http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1257&context=facsch_lawrev

http://en.wikipedia.org/wiki/Bona_fide_occupational_qualifications