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  1. #1
    Join Date
    Nov 2006
    Posts
    1

    Default Discrimation Based on Physical Features

    Hello,
    Working on a class assignment involving a courtcase. I'm basically arguing for both the Defendant and Plaintiffs Side. Then making my decision.

    I'd like some insight from some outside sources if you'd be willing. I'd like to here why legally one or the other should when.

    The Situation
    Jessica Alba-Portman is a 22-year old college graduate who’s major was correctional psychology. Jessica applies for a position to be correctional counselor trainee at the Oregon Department of Corrections.

    Oregon statutes provide that applicants for these types of correctional positions must meet a minimum 130-pound weight requirement and must also be a minimum of 5 feet 2 inches tall. Jessica is refused employment based upon her failure to meet these criteria (she is 118 lbs and 5’1). In addition, an applicant must possess a valid driver’s license, have a high school education or its equivalent, be free from physical defects, be between the ages of 20 and 45 at the time of application and fall under maximum height and weight requirements of 6 feet 10 inches, and 300 pounds (Jessica meets these criteria).

    Like the vast majority of correctional facilities in the United States, Oregon’s correction facilities are segregated of the basis of sex. Oregon operates four major all-male prisons and one prison for women (all maximum security). In addition, Oregon operates 9 work release centers, one for women.

    The correctional counselor’s primary duty within these institutions is to maintain security and control of the inmates by continually supervising and observing their activities. While called counselors, the persons are generally referred to as prison guards and their duties primarily involve security rather than counseling.



    Facts
    In Oregon, women 14 years of age or older compose 52.75 percent of the Oregon population and 36.89 percent of its total labor force. Women hold only 12.9 percent of Oregon’s correctional counselor positions.

    The 5’2 height requirement would operate to exclude 33.29 percent of the women in the United States between the ages of 18-79, while excluding only 1.28 percent of the men of the same class. The 130 weight restriction would exclude 22.29 percent of the women and 2.35 percent of the men in the same class.

    Jessica Alba-Portman has retained legal counsel. On behalf of their client, counsel has made a claim with the Equal Employment Opportunity Commission and it has declined to purse the case. After the EEOC declines, Jessica Alba-Portman files suit against the Oregon Corrections Department in the District Court of Oregon.





    Hopefully thats enough. Thanks a 1000's

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Discrimation Based on Physical Features. Hmwk help. TY

    I would start by exploring the relationship between the physical requirements and job requirements, and whether that relationship is reasonable.

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