The Foggy Bottom Sheriff’s Department Agility Tests

The Foggy Bottom Sheriff’s Department requires all applicants for deputy sheriff to pass a pre-employment agility test. It requires an applicant to do 30 sit-ups in one minute, 25 pushups with no time limit, run 300 meters in 1 minute 11 seconds and drag a 165 pound dummy for a distance of 40 feet in 1 minute. Lisa McGregor fails the test. There are no female deputy sheriffs in the department.

A. Lisa has a valid claim for gender discrimination because the requirements of the agility test are too strenuous for most women.

B. Lisa has a valid claim for gender discrimination because the requirements of the agility test are just a subterfuge to avoid a claim of discrimination for screening applicants by height and weight.

C. Lisa does not have a valid claim for gender discrimination if the department can show that the agility test, as composed, is job-related and necessary.

D. Lisa does not have a valid claim for gender discrimination because the requirements of the agility test are not too strenuous for some women.

 

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