#1 DOJ Says Pa. State Police Discriminated Against Women Who Flunked Physical Fitness Tests by Cincinnatus 01.08.2014 13:59

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This country gets nuttier and nuttier day by day. Political correctness run amuck again. My concern for the safety of the citizens of PA is somewhat tempered by the fact that in their voting patterns they have been complicit in imposing this sort of thing on the nation.

"The Obama administration is suing the Pennsylvania State Police for requiring both men and women applying for entry-level trooper jobs to pass the same physical fitness tests.

Because more men than women pass the tests, their use is discriminatory and violates Title VII of the Civil Rights Act of 1964, the Justice Department says.

Because female applicants failed the 2003 physical fitness test and the revised 2009 test at "statistically higher rates than male applicants, female applicants were less likely to proceed through the selection process and thus less likely to be hired as entry-level troopers," DOJ stated in its lawsuit.

The Justice Department notes that from 2003 through 2008, the Pennsylvania State Police used a physical fitness test consisting of five events: a 300-meter run; sit-ups; push-ups; a vertical jump; and a 1.5-mile run. Applicants were required to pass each event to continue in the selection process for entry-level troopers.

From 2003-2008, approximately 94 percent of male applicants passed the test, while only 71 percent of female applicants passed...

DOJ concluded that the 2003 and the 2009 tests were "not job-related" and "not consistent with business necessity..."

The lawsuit stated, "There are alternatives...for screening and selecting applicants for entry-level trooper positions, that have less disparate impact on women and would serve (Pennsylvania State Police's) legitimate interests."

But the Pennsylvania State Police website makes it clear that the job of a State Trooper can be physically demanding.

"Essential job functions" of Pennsylvania State Troopers include:

-- Arresting people, "forcibly if necessary";

-- Subduing resisting suspects;

-- Pursuing fleeing suspects and performing rescue operations "which may involve quickly entering and exiting law enforcement vehicles; lifting, carrying and dragging heavy objects; climbing over and pulling up oneself over obstacles; jumping down from elevated surfaces; climbing through openings; jumping over obstacles, ditches and streams; crawling in confined areas; balancing on uneven or narrow surfaces and using body force to gain entrance through barriers."

-- Performing rescue functions at accidents, emergencies and disasters, which includes "directing traffic for long periods of time, administering emergency medical aid, lifting, dragging and carrying people away from dangerous situations and securing and evacuating people from particular areas."

The Pennsylvania State Police website notes that successful applicants "must be able to perform ALL of the above essential job functions with or without reasonable accommodation upon completion of the training program."

This is not the first time the Justice Department has sued a police agency.

Several years ago, the Justice Department took legal action against the Corpus Christi, Texas police department on similar grounds.

That case, finally settled in May 2013, required Corpus Christi police to replace the physical fitness tests it had been using for applicants; and distribute $700,000 in back pay to eligible female applicants who took and failed the challenged physical abilities test between 2005 and 2011.

Title VII prohibits both intentional discrimination on the basis of race, color, sex, national origin and religion as well as employment practices that result in a disparate impact upon a protected group, unless the practices are job-related and consistent with business necessity."

http://cnsnews.com/news/article/susan-jo...lunked-physical

#2 RE: DOJ Says Pa. State Police Discriminated Against Women Who Flunked Physical Fitness Tests by Sanguine 01.08.2014 14:31

"Pa. State Police Discriminated Against Women Who Flunked Physical Fitness Tests"

Weeding out the unfit is not discrimination.

#3 RE: DOJ Says Pa. State Police Discriminated Against Women Who Flunked Physical Fitness Tests by Frank Cannon 01.08.2014 17:15

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Well the officials in charge of this told Holder to go to hell and that they were not changing anything. I believe the guys comment was that he was "not going to be bullied by the DOJ".

#4 RE: DOJ Says Pa. State Police Discriminated Against Women Who Flunked Physical Fitness Tests by Sanguine 02.08.2014 00:07

Quote: Frank Cannon wrote in post #3
Well the officials in charge of this told Holder to go to hell and that they were not changing anything. I believe the guys comment was that he was "not going to be bullied by the DOJ".



Good for him!

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