NCJ Number
188589
Journal
FBI Law Enforcement Bulletin Volume: 70 Issue: 5 Dated: May 2001 Pages: 26-31
Date Published
May 2001
Length
6 pages
Annotation
This article examines the legal issues involved in developing police physical fitness standards that comply with the relevant provisions of Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991, which require that all employers of more than 15 employees must refrain from policies and procedures that either expressly or effectively discriminate against specified categories of individuals, except under limited circumstances.
Abstract
Physical fitness standards are only subject to scrutiny under Title VII when they either expressly discriminate against a Title VII protected group or, more commonly, when they have the effect of discriminating against such a protected group. Where there is no express discrimination, a plaintiff has the burden of proving to a court that the physical fitness standard has the effect of discriminating against a protected group. Once such a showing is made, the employer has the burden "to demonstrate that the challenged practice is job-related for the position in question and consistent with business necessity." When a physical fitness standard has a disparate impact on women, the concern of the law enforcement administrator then becomes how to justify the physical fitness standard under the statutory requirement. The administrator must be able to show at least a significant relationship between the physical fitness requirement and the responsibilities of members of the department. The administrator who uses different physical selection standards for female applicants must show what business necessity justifies such a practice; otherwise, male applicants who fail to meet the higher male physical fitness requirements would have a cause of action. 36 notes