Victoria Pietras, a female probationary volunteer firefighter of the Farmingville Fire District, had passed the written and medical exams to become a volunteer firefighter. However, she failed a physical agility test requiring her to perform nine tasks such as dragging a water-filled hose weighing approximately 280 pounds for 150 feet in four minutes or less. The time requirement was based on the average time of the mostly male firefighters who participated in a test run. Pietras brought a Title VII sex discrimination claim that the physical test created an unlawful disparate impact against women.

a. If you were the EEOC investigator, what questions would you have?
b. Should physical agility or fitness tests be gender-normed so that, for example, female FBI trainees can be required to only do a minimum of 14 pushups, while male trainees must complete at least 30 pushups?