Dothard v. Rawlinson | |
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Argued April 19, 1977 Decided June 27, 1977 | |
Full case name | Dothard, Director, Department of Public Safety of Alabama, et al. v. Dianne Rawlinson, et al. |
Citations | 433 U.S. 321 ( more ) 97 S. Ct. 2720; 53 L. Ed. 2d 786; 1977 U.S. LEXIS 143; 15 Fair Empl. Prac. Cas. (BNA) 10; 14 Empl. Prac. Dec. (CCH) ¶ 7632 |
Case history | |
Prior | Appeal from the United States District Court for the Middle District of Alabama |
Holding | |
Under Title VII of the Civil Rights Act of 1964, an employer may not, in the absence of business necessity, set height and weight restrictions that have a disproportionately-adverse effect on one gender. | |
Court membership | |
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Case opinions | |
Majority | Stewart, joined by Powell, Stevens; Burger, Blackmun, Rehnquist (Parts I & III); Brennan, Marshall (Parts I & II) |
Concurrence | Rehnquist, joined by Burger, Blackmun |
Concur/dissent | Marshall, joined by Brennan |
Dissent | White |
Dothard v. Rawlinson, 433 U.S. 321 (1977), was the first United States Supreme Court case in which the bona fide occupational qualifications (BFOQ) defense was used.
In 1977, there were height and weight restrictions (minimum 5’2”, 120 lbs) to be considered as an applicant for an Alabama prison guard. Such requirements ruled out Dianne Rawlinson, who brought forth a class action suit 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.
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. [1]
A flight attendant, also known as a steward or stewardess ; or air host or hostess, is a member of the aircrew aboard commercial flights, many business jets and some government aircraft. Collectively called cabin crew, flight attendants are primarily responsible for passenger safety and comfort.
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 requirements, racial segregation in schools and public accommodations, and employment discrimination. The act "remains one of the most significant legislative achievements in American history".
The Scottsboro Boys were nine African American male teenagers accused of raping two white women in 1931. The landmark set of legal cases from this incident dealt with racism and the right to a fair trial. The cases included a lynch mob before the suspects had been indicted, all-white juries, rushed trials, and disruptive mobs. It is commonly cited as an example of a legal injustice in the United States legal system.
Voting rights, specifically enfranchisement and disenfranchisement of different groups, have been a moral and political issue throughout United States history.
The Age Discrimination in Employment Act of 1967 is a United States labor law that forbids employment discrimination against anyone, at least 40 years of age, in the United States. In 1967, the bill was signed into law by President Lyndon B. Johnson. The ADEA prevents age discrimination and provides equal employment opportunity under the conditions that were not explicitly covered in Title VII of the Civil Rights Act of 1964. The act also applies to the standards for pensions and benefits provided by employers, and requires that information concerning the needs of older workers be provided to the general public.
Height discrimination is prejudice or discrimination against individuals based on height. In principle, it refers to the discriminatory treatment against individuals whose height is not within the normal acceptable range of height in a population. Various studies have shown it to be a cause of bullying, commonly manifested as unconscious microaggressions.
Disparate impact in the law of the United States refers to practices in employment, housing, and other areas that adversely affect one group of people of a protected characteristic more than another, even though rules applied by employers or landlords are formally neutral. Although the protected classes vary by statute, most federal civil rights laws consider race, color, religion, national origin, and sex to be protected characteristics, and some laws include disability status and other traits as well.
Oregon State Penitentiary (OSP), also known as Oregon State Prison, is a maximum security prison in the northwest United States in Salem, Oregon. Originally opened in Portland 173 years ago in 1851, it relocated to Salem fifteen years later. The 2,242-capacity prison is the oldest in the state; the all-male facility is operated by the Oregon Department of Corrections (ODOC). OSP contains an intensive management wing, which is being transformed into a psychiatric facility for mentally ill prisoners throughout Oregon.
Rostker v. Goldberg, 453 U.S. 57 (1981), is a decision of the Supreme Court of the United States holding that the practice of requiring only men to register for the draft was constitutional. After extensive hearings, floor debate and committee sessions on the matter, the United States Congress reauthorized the law, as it had previously been, to apply to men only. Several attorneys, including Robert L. Goldberg, subsequently challenged the Act as gender distinction. In a 6–3 decision, the Supreme Court upheld the Act, holding that its gender distinction was not a violation of the equal protection component of the Due Process Clause of the Fifth Amendment.
Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories". The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.
In employment law, a bona fide occupational qualification (BFOQ) (US), bona fide occupational requirement (BFOR) (Canada), or genuine occupational qualification (GOQ) (UK) is a quality or an attribute that employers are allowed to consider when making decisions on the hiring and retention of employees—a quality that when considered in other contexts would constitute discrimination in violation of civil rights employment law. A BFOQ can legally justify discrimination if it is directly related to the realization of the business's function, supported by reliable evidence, validated through widely accepted research consensus, and if proving that a prospective hire is an exception to the recognized consensus would cause undue hardship for the employer. Such qualifications must be listed in the employment advertisement.
Hope v. Pelzer, 536 U.S. 730 (2002), was a United States Supreme Court case in which the Court ruled that the defense of qualified immunity, under which government actors may not be sued for actions they take in connection with their offices, did not apply to a lawsuit challenging the Alabama Department of Corrections's use of the "hitching post", a punishment whereby inmates were immobilized for long periods of time.
Occupational sexism is discrimination based on a person's sex that occurs in a place of employment.
The Bennett Amendment is a United States labor law provision in the Title VII of the Civil Rights Act of 1964, §703(h) passed to limit sex discrimination claims regarding pay to the rules in the Equal Pay Act of 1963. It says an employer can "differentiate upon the basis of sex" when it compensates employees "if such differentiation is authorized by" the Equal Pay Act.
Phillips v. Martin Marietta Corp., 400 U.S. 542 (1971), was a United States Supreme Court landmark case in which the Court held that under Title VII of the Civil Rights Act of 1964, an employer may not, in the absence of business necessity, refuse to hire women with pre-school-age children while hiring men with such children. It was the first sex discrimination case under Title VII to reach the Court.
Women have served as prison and correctional officers since the early 19th century in London. The focus of research on female correctional officers has mostly been comparatively discussing the male officers' experience versus the female officer's experience. A number of studies are extensions of interviews or surveys solely of corrections staff and commonly emphasize employment opportunities and working conditions with an inclusion of legal and social obstacles, such as differing types of discrimination, that female officers face on a regular basis, in their respective field. Increased interest in the distinction of gender for workers in correctional facilities has some relevance to the shift in this occupation being predominantly male-dominated to, in some cases, being more female-dominated. The increase in the number of females working in this field is mainly due to helping alleviate staff shortages and providing women seeking employment with more opportunities to work in the correctional system.
The following timeline represents formal legal changes and reforms regarding women's rights in the United States except voting rights. It includes actual law reforms as well as other formal changes, such as reforms through new interpretations of laws by precedents.
This is a timeline of voting rights in the United States, documenting when various groups in the country gained the right to vote or were disenfranchised.
In the United States of America, prisoner law refers to litigation that determines the freedoms that a prisoner either holds or loses when they are incarcerated. This includes the end of the hands-off doctrine and the ability to be protected by the first, fourth, eighth, and fourteenth amendments. Furthermore, prisoner laws regulate the ways in which individuals experience privacy in a prison setting. Important case laws have arisen through time that have either hindered or protected prisoners from certain rights. Some include the Hudson v. Palmer case which held that prisoners were not protected against searches and seizures of their prison cells and Wolff v. McDonnell that stated that prisoners shall remain entitled to some of their constitutional rights even after being incarcerated.
Wilson v. Southwest Airlines Co., 517 F. Supp. 292, is a US employment discrimination law case concerning bona fide occupational qualifications. Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment discrimination based on race, color, religion, sex, or national origin. The law contains an exception for bona fide occupational qualifications, allowing businesses to hire on the basis of religion, sex, or national origin in instances where it is a qualification reasonably necessary for their operations. Bona fide occupational qualifications are qualities or attributes that employers are allowed to consider when hiring employees, which would otherwise be considered illegal discrimination in other circumstances.