Answered Essay: Lanning vs. Southeastern Pennsylvania Transit Authority (SEPTA) concerned the

Lanning vs. Southeastern Pennsylvania Transit Authority (SEPTA) concerned the adoption by SEPTA of a physical fitness test to use in the hiring of transit officers (law enforcement employees). The test included a component in which candidates had to complete a 1.5 mile run in no more than 12 minutes. The test was created by a consulting physician who determined that while officers would not have to undertake such a run in course of their duties, the run nonetheless was an accurate measure of the aerobic capacity required to perform the job. The trial court found that for the years 1993 and 1996 (the years involved in the litigation), the pass rate for males was 55.6% and the pass rate for females 6.7%. The trial court calculated that the women had a pass rate that was only 12% that of men (6.7%/55.6%). SEPTA countered with evidence from validation studies, which showed that candidates who passed the run test had success rates on twelve different job standards ranging from 70-90%, while persons who failed the test had success rates ranging from 5-20%. The trial court also noted that applicants were warned in advance about this test, and virtually all the women who trained for the test passed it. If women who were not hired sued What type of discrimination should they allege what do they have to prove for a prima facie case? a. b. What evidence can SEPTA use in burden shifting? How could the employees counter this? c. Should the female employees win their case

Lanning vs. Southeastern Pennsylvania Transit Authority (SEPTA) concerned the adoption by SEPTA of a physical fitness test to use in the hiring of transit officers (law enforcement employees). The test included a component in which candidates had to complete a 1.5 mile run in no more than 12 minutes. The test was created by a consulting physician who determined that while officers would not have to undertake such a run in course of their duties, the run nonetheless was an accurate measure of the aerobic capacity required to perform the job. The trial court found that for the years 1993 and 1996 (the years involved in the litigation), the pass rate for males was 55.6% and the pass rate for females 6.7%. The trial court calculated that the women had a pass rate that was only 12% that of men (6.7%/55.6%). SEPTA countered with evidence from validation studies, which showed that candidates who passed the run test had success rates on twelve different job standards ranging from 70-90%, while persons who failed the test had success rates ranging from 5-20%. The trial court also noted that applicants were warned in advance about this test, and virtually all the women who trained for the test passed it. If women who were not hired sued: a. What type of discrimination should they allege what do they have to prove for a prima facie case? b. What evidence can SEPTA use in burden shifting? How could the employees counter this? c. Should the female employees win their case

Expert Answer

(a)

This is a discrimination based on the disparate impact on the basis of sex. Under Title VII’s disparate impact theory of liability, plaintiffs can establish a prima facie case of disparate impact by demonstrating that application of a facially neutral standard has resulted in a significantly discriminatory hiring pattern. In this case, therefore, the plaintiff needs to prove that this particular test is historically or statistically imposes significant adversity on women compared to the men applicants.

(b)

The employer (SEPTA) can shift the burden by demonstrating that the practice is “job related for the position in question and consistent with business necessity․” 42 U.S.C. § 2000e-2(k). SEPTA can demonstrate this by stating the evidence produced by the consultant physicians who testify that the test and the on-the-job performance has positive correlations. The plaintiff can again counter by citing examples of alternative employment practices having a less disparate impact on women and still serving SEPTA’s legitimate business interest.

(c)

The plaintiffs should actually win because the activity of 1.5 miles run in 12 minutes was not the minimum standard required for the job for which the candidates were applying and that the test cannot be a unique one to test the on-the-job performance. Other forms of test measuring the same on-the-job criteria and having a less disparate impact can always be designed.

Buy Essay
Calculate your paper price
Pages (550 words)
Approximate price: -

Help Me Write My Essay - Reasons:

Best Online Essay Writing Service

We strive to give our customers the best online essay writing experience. We Make sure essays are submitted on time and all the instructions are followed.

Our Writers are Experienced and Professional

Our essay writing service is founded on professional writers who are on stand by to help you any time.

Free Revision Fo all Essays

Sometimes you may require our writers to add on a point to make your essay as customised as possible, we will give you unlimited times to do this. And we will do it for free.

Timely Essay(s)

We understand the frustrations that comes with late essays and our writers are extra careful to not violate this term. Our support team is always engauging our writers to help you have your essay ahead of time.

Customised Essays &100% Confidential

Our Online writing Service has zero torelance for plagiarised papers. We have plagiarism checking tool that generate plagiarism reports just to make sure you are satisfied.

24/7 Customer Support

Our agents are ready to help you around the clock. Please feel free to reach out and enquire about anything.

Try it now!

Calculate the price of your order

Total price:
$0.00

How it works?

Follow these simple steps to get your paper done

Place your order

Fill in the order form and provide all details of your assignment.

Proceed with the payment

Choose the payment system that suits you most.

Receive the final file

Once your paper is ready, we will email it to you.

HOW OUR ONLINE ESSAY WRITING SERVICE WORKS

Let us write that nagging essay.

STEP 1

Submit Your Essay/Homework Instructions

By clicking on the "PLACE ORDER" button, tell us your requires. Be precise for an accurate customised essay. You may also upload any reading materials where applicable.

STEP 2

Pick A & Writer

Our ordering form will provide you with a list of writers and their feedbacks. At step 2, its time select a writer. Our online agents are on stand by to help you just in case.

STEP 3

Editing (OUR PART)

At this stage, our editor will go through your essay and make sure your writer did meet all the instructions.

STEP 4

Receive your Paper

After Editing, your paper will be sent to you via email.