Diane Rawlinson was a college graduate in correctional psychology. She applied for a job as a guard at a maximum-security prison in Alabama. She was denied the job for 2 reasons: first she did not meet minimum height and weight criteria (180 pounds/ 5 feet 10 inches) and second that the correctional board had adopted a rule that prohibited women from “contact positions” with male inmates in maximum-security facilities. Rawlinson sued the state of Alabama under Title VII.
a. Are the height/weight requirements disparate impact or disparate treatment discrimination assuming they are not job-related?
b. Is the rule prohibiting women from these positions disparate impact or disparate treatment assuming gender is not a BFOQ?