1. What purpose did the height and weight requirements serve? Do you think they were made to intentionally discriminate against women?
2. How could management have avoided this outcome?
3. Does your view of illegal discrimination change now that you have seen how disparate impact claims work? Would you have been able to foresee this outcome? Explain.
At the time she applied for a position as a correctional counselor trainee, Rawlinson was a 22-year-old college graduate whose major course of study had been correctional psychology. She was refused employment because she failed to meet the minimum 120-pound weight requirement established by an Alabama statute. The statute stated that the applicant shall not be less than five feet two inches nor more than six feet ten inches in height, shall weigh not less than 120 pounds nor more than 300 pounds. Variances could be granted upon a showing of good cause, but none had ever been applied for by the Board and the Board did not apprise applicants of the waiver possibility.