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PA State Police sued for "discriminatory" fitness tests
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lskdfjldsf Offline
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PA State Police sued for "discriminatory" fitness tests
Some sad news from my home state. Will this set a legal precedent targeted at the military, law enforcement, or other male-dominated occupations within the federal government?

Pennsylvania State Troopers are extremely disciplined and professional from my experience, as we have an incredibly high number of veterans compared to other states, many of which enter law enforcement after returning home.

http://www.policeone.com/legal/articles/...ess-tests/


Quote:HARRISBURG, Pa. — The Pennsylvania State Police, one of the nation's largest forces, is faced with ending the physical fitness tests it gives to applicants for state trooper positions or defending in court a practice that the federal government says illegally discriminates against women.

The Justice Department's 10-page lawsuit was filed Tuesday in federal court in Harrisburg. A spokeswoman for the Pennsylvania State Police said Tuesday evening that the agency's lawyers had not seen the lawsuit yet and could not comment on it.

With 4,677 sworn members, Pennsylvania State Police troopers provide protection for much of Pennsylvania.

The lawsuit said the use of the tests to screen and select the applicants for the entry-level positions amounted to a pattern of employment discrimination. Much greater percentages of male applicants than female applicants passed the physical fitness tests going back to 2003, it said.

As a result, the state police had failed to hire dozens of women for entry-level trooper positions on an equal basis with men, it said.

Had female applicants passed the test at the same rate as men between 2003 and 2012, approximately 119 additional women would have merited further consideration for the jobs and approximately 45 more would have been hired as entry-level troopers, the Justice Department said.

The practice violates Title VII of the Civil Rights Act of 1964 and does not qualify under the law as a business necessity, it said.

"The Department of Justice is deeply committed to eliminating artificial barriers that keep qualified women out of public safety work," Jocelyn Samuels, acting assistant attorney general for the department's civil rights division, said in a statement.

A test begun in 2003 consisted of a 300-meter run, sit-ups, push-ups, a vertical jump and a 1.5-mile run, the lawsuit said. The test carried cut-off scores for each of the five events, and the state police required that applicants pass each event, it said.

From 2003 to 2008, 94 percent of male applicants passed the fitness test, while 71 percent of female applicants passed. Under a similar test administered in 2009 through 2012, 98 percent of male applicants passed, while 72 percent of female applicants passed, the lawsuit said.

The Justice Department sued the city of Corpus Christi, Texas, in 2012, stating similar allegations. The city settled the lawsuit last year, approving a $700,000 settlement for female police applicants who had failed the test. Corpus Christi police also agreed to stop using the test and hire 18 women who did not pass the test, but were considered eligible to be officers.
(This post was last modified: 07-31-2014 12:01 PM by lskdfjldsf.)
07-31-2014 11:57 AM
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lskdfjldsf Offline
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RE: PA State Police sued for "discriminatory" fitness tests
Delete, oops
(This post was last modified: 07-31-2014 12:03 PM by lskdfjldsf.)
07-31-2014 12:02 PM
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Texas_Tryhard Offline
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RE: PA State Police sued for "discriminatory" fitness tests
The majority of this test is running. Awesome. We can now look forward to female police who can't catch perps even at their healthiest, and so have a choice: Let them go or shoot them in the back.

This is nonsense. Right now, the police call in a SWAT team or similar for problems they're unequipped to handle. What's next, a new team, designated the FIT team, that must be called in to handle situations requiring the ability to run a mediocre distance without collapsing?
07-31-2014 12:11 PM
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Glaucon Offline
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RE: PA State Police sued for "discriminatory" fitness tests
Slightly off-topic: Today I saw a 5.3 feet tall and around 110 pounds female "officer". The standard police baton was almost half as big as her leg.
I wondered how she supposed to stop me? The only way using a gun, but in close combat she is fucked.
(This post was last modified: 07-31-2014 12:16 PM by Glaucon.)
07-31-2014 12:15 PM
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JayMillz Offline
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RE: PA State Police sued for "discriminatory" fitness tests
"A test begun in 2003 consisted of a 300-meter run, sit-ups, push-ups, a vertical jump and a 1.5-mile run, the lawsuit said."

IMO, the state would need to prove that doing the things listed above are necessary to do the job. On the other hand, if the representatives for the plaintiffs can successfully argue that the vertical jump, for instance, is NOT a BFOQ than they would have a good argument if this is being used to hired applicants. Many law enforcement agencies fall short here because, for example, they fail to maintain minimum physical fitness requirements for incumbents. Thus, it can not be persuasively argued that physical fitness relates to the essence or central mission of the business or job.

BTW, this is not new and has been happening in law enforcement and public safety for some time.
07-31-2014 12:23 PM
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RE: PA State Police sued for "discriminatory" fitness tests
Of course fitness is a requirement for good police work. But, as JayMillz says, one way they could lose is if the fitness is not a continuing requirement, the way it is in the military.

That is, guys get on the force and then become fat. Makes it hard to argue that a woman who's more fit than a fat cop with five years' service and fifteen to go can't join.

This is a Maryland state trooper. Who do you think can run faster and farther, him or the chick in the picture?

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(This post was last modified: 07-31-2014 12:34 PM by Sp5.)
07-31-2014 12:30 PM
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jamaicabound Offline
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RE: PA State Police sued for "discriminatory" fitness tests
I wonder if someone could sue for being injured or killed due to having a partner who isnt up to oar to do their job and protect their fellow officer.
07-31-2014 12:37 PM
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DarkTriad Online
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RE: PA State Police sued for "discriminatory" fitness tests
(07-31-2014 12:11 PM)Texas_Tryhard Wrote:  The majority of this test is running. Awesome. We can now look forward to female police who can't catch perps even at their healthiest, and so have a choice: Let them go or shoot them in the back.

This is nonsense. Right now, the police call in a SWAT team or similar for problems they're unequipped to handle. What's next, a new team, designated the FIT team, that must be called in to handle situations requiring the ability to run a mediocre distance without collapsing?

In Freakonomics, they graphed exactly how many extra shootings each woman hired would cost you. The funny thing is that the extra shootings came from every member of the department. Realistically she wont shoot many personally, because she'll take a cushy desk job away from an older cop near retirement. Now the elderly grandfather with a bum knee has to out chasing perps down while she shuffles paper. Add in all the marginal types that made it in via the lowered physical standards, and it's a recipe for disaster.
07-31-2014 12:52 PM
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Truth Teller Offline
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RE: PA State Police sued for "discriminatory" fitness tests
Just like with firemen, let them eliminate the tests and have more people die as a result. They've been sacrificed on the altar of political correctness.

If you're not fucking her, someone else is.
07-31-2014 01:10 PM
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Grit Offline
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RE: PA State Police sued for "discriminatory" fitness tests
As far as I care, the whole force is a bunch of pussy losers for not even fighting the lawsuit. No respect for them no matter.
07-31-2014 01:18 PM
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WalterBlack Offline
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RE: PA State Police sued for "discriminatory" fitness tests
Here’s a prime example of bullshit political correctness can hinder police performance - This is in the UK. A Muslim cop ends up chasing a guy on foot. The cop is fasting for Ramadan so he’s not allowed to eat or drink during daylight hours. Watch this video from around 15 to 20 mins to see what happens:





As you can see, he can’t catch the guy because he’s low on energy. He hasn't eaten all day.

Why were the cops so PC that they let this guy go on duty? If he really needs to fast during the day, then the fucker should go on night shift! Better yet, if your religion prevents you from being physically fit for duty, then don’t work as a cop!
(This post was last modified: 07-31-2014 01:28 PM by WalterBlack.)
07-31-2014 01:25 PM
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LaCobra Offline
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RE: PA State Police sued for "discriminatory" fitness tests
Thats the way its supposed to be.

Would those who scream Discrimination! be willing to fly on a plane knowing its whole crew has down syndrome?
07-31-2014 01:37 PM
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