Essay on "Rawlinson Case"
Essay 2 pages (794 words) Sources: 3
[EXCERPT] . . . .
Second, the Court was right in gleaning statistics from the American population and finding that this rule would, in fact, be discriminatory in a large number of cases. Women tend to be built smaller, but that, on its own, has nothing to do with ability to perform this job without the State proving certain parts of the job could not be done. Finally, on the second question, just because something is possible does not mean it is likely or a certainty. A male guard of slight stature could just as easily be attacked or put into harm's way as a female.Part 2 -- Argument from State? Alabama may have been lax in proving qualifications simply by using height and weight without direct proof that these have relevance to the job. Instead, they could set up a set of criteria in which candidates, much like firefighters, must reach certain physical condition and leave the gender issue out of it. As for the second issue, the phrasing could be changed to one of protection rather than discrimination -- with certain physical requirements necessary for the "safety" of the individual listed, as well as the safety of officers. Further, segmenting prisoner types might be another way for Alabama to mitigate this; anyone can work in maximum security, but only people with certain requirements (gender not being one) can work with sexual offenders, etc.
Part 3 -- What if Alabama's maximum security prisons housed their male prisoner's barracks-style rather than cells, and did not separate sex offenders from other prisoners? In a way, this would make Alabama's case more difficult. Segmenting the prisoners by level of violence is likely the only way the Courts would allow rules of who and who could not
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REFERENCES
Dothard v. Rawlinson (No. 76-422). (1977). United States Supreme Court.
Retrieved from: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0433_0321_ZS.html
CSWD (Council on Size and Weight Discrimination). (2006). Laws and Ordinances. Retrieved from: http://www.cswd.org/docs/legalaction.html
Cushman, C. (2001). Supreme Court Decisions and Women's Rights. Washington, DC: CQ Press. READ MORE
Quoted Instructions for "Rawlinson Case" Assignment:
“Employment Law.
Respond to chapter 51, Problem 3 on Title VII:
you log on to:
http://online.vitalsource.com/signin
Email: boisrond5(at)optonline.net
Password: Rigelq93
If you click on "Bookshelf" at the left corner of the page
you will see two rows one named "recently viewed" or "All titles find collections" on the Bookshelf home page.
Book name is:
Custom book for Ashford BUS 670 Business Law Mallo
Dianne Rawlinson, a female applicant who was rejected for employment as a prison guard in the Alabama prison system, challenged certain state rules restricting her employment prospects under Title VII. They were (1) requirements that all prison employees be at least 5 feet 2 inches tall and weigh at least 120 pounds, and (2) a rule expressly prohibiting women from assuming close-contact prison guard positions in maximum-security prisons (most of which were all male). What method of proving a Title VII case should Rawlinson use in attacking the height and weight requirements? Does she need to use one of these methods to attack the second rule? What argument should the state use if Rawlinson establishes that the height and weight requirements have an adverse impact? What Title VII defense might the state have for the second rule? With regard to the second rule, assume that at this time Alabama’s maximum-security prisons housed their male prisoners barracks-style rather than putting them in cells, and that they did not separate sex offenders from other prisoners.
How to Reference "Rawlinson Case" Essay in a Bibliography
“Rawlinson Case.” A1-TermPaper.com, 2011, https://www.a1-termpaper.com/topics/essay/rawlinson-case-background-dianne/371903. Accessed 1 Jul 2024.
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