The Seventh Circuit held that the District Court gave jury an erroneous instruction that failed to address the plaintiff's allegation that the City had anti-female motivation in creating a skills test that favored male applicants. The District Court also found that the plaintiffs were entitled to judgment on their disparate impact claim, where: (1) the City conceded that skills test had disparate impact on female applicants; and (2) under federal requirements for validity studies under 29 CFR section 1607.14(B)(14), the City failed to establish either that its physical-skills entrance test reflected important elements of paramedic's job performance, or that there was connection between real jobs test and job skills contained in defendant's physical skills test.
Unsuccessful female applicants for paramedic positions at the City's Fire Department sued under Title VII for gender discrimination, alleging that the City denied the women's applications because of their gender, where they had failed the City's physical-skills entrance examination. Ernst v. City of Chicago, Nos. 14-3783 & 15-2030 Cons. (7th Cir., September 19, 2016). On appeal, the Seventh Circuit held that the plaintiffs were entitled to new trial on their Title VII, disparate treatment action.
The Seventh Circuit held that the District Court gave jury an erroneous instruction that failed to address the plaintiff's allegation that the City had anti-female motivation in creating a skills test that favored male applicants. The District Court also found that the plaintiffs were entitled to judgment on their disparate impact claim, where: (1) the City conceded that skills test had disparate impact on female applicants; and (2) under federal requirements for validity studies under 29 CFR section 1607.14(B)(14), the City failed to establish either that its physical-skills entrance test reflected important elements of paramedic's job performance, or that there was connection between real jobs test and job skills contained in defendant's physical skills test.
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