Plaintiff, a female, applies for a position as a lifeguard at a seaside resort. The lifeguard's...

 

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Plaintiff, a female, applies for a position as a lifeguard at a seaside resort. The lifeguard's duties are to be on hand to rescue people who are in danger of drowning in the ocean; the resort does not have a swimming pool. The job requirements for the position specifically state that applicants for the position must be able to swim 300 yards in the ocean within a specified time period and must be able to swim 300 yards in the ocean while dragging a 175 pound mannequin within another specified time period. Resort has the same requirements for both male and female applicants. Plaintiff cannot meet these requirements and believes that there should be different requirements for women. Most of the lifeguards at the resort are male. Plaintiff learns that males meet the qualifications at a substantially higher rate than females. Plaintiff brings a lawsuit against resort alleging illegal discrimination. What should the result be? Plaintiff, a female, applies for a position as a lifeguard at a seaside resort. The lifeguard's duties are to be on hand to rescue people who are in danger of drowning in the ocean; the resort does not have a swimming pool. The job requirements for the position specifically state that applicants for the position must be able to swim 300 yards in the ocean within a specified time period and must be able to swim 300 yards in the ocean while dragging a 175 pound mannequin within another specified time period. Resort has the same requirements for both male and female applicants. Plaintiff cannot meet these requirements and believes that there should be different requirements for women. Most of the lifeguards at the resort are male. Plaintiff learns that males meet the qualifications at a substantially higher rate than females. Plaintiff brings a lawsuit against resort alleging illegal discrimination. What should the result be?

Answer rating: 100% (QA)

Determining the outcome of the lawsuit is complex and involves weighing various factors Plaintiffs Arguments Disparate Impact Plaintiff can argue that ... View the full answer