Order re Def Motion for Summary Judgment

A federal judge rules in favor of a hundred women who filed a gender discrimination lawsuit against the state Department of Correction.

“On the record before the court, no reasonable jury could conclude that the cut times used by the DOC for the 1.5 mile run were job related for the position in question and consistent with business necessity,” wrote judge Janet Hall.

Both sides in the lawsuit had requested a summary judgement.

The women’s attorney Seth Marnin says they were denied work as correction officers because they took too long to run a mile-and-a-half.

“Women failed the test at a statistically significant higher rate than men,” Marnin said.  “There was no business justification for setting the standard as high as it was for women.”

In court, the Correction Department argued that it has tried to recruit more minorities in recent years.

The department argued that black and Hispanic women are more likely to be out of shape, and therefore more likely to fail the test.

A conference will be scheduled to discuss what damages the state may have to pay to the women, some of whom have since gotten jobs with the Correction Department.

The department has replaced the mile-and-a-half run, with a 300 meter run.


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