United States Third Circuit

An employer established that a pre-hire, pre-academy training aerobic capacity measured the minimum qualifications necessary for successful performance as a transit police officer, and justified the conceded disparate impact on female candidates by showing business necessity.

Appellate Information

• Argued 02/11/2002
• Decided 10/15/2002
• Published 10/15/2002

Judges

• Before ROTH, McKEE and BARRY, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jules Epstein, Kairys, Rudovsky, Epstein, Messing & Rau, LLP, Philadelphia, PA, Michael Churchill (Argued), Philadelphia, PA, for Appellants., Terry L. Fromson, Women's Law Project, Philadelphia, PA, Sharyn A. Tejani, Feminist Majority Foundation, Arlington, VA, for Amici Curiae.


• For Appellees:
  
• Saul H. Krenzel (Argued), Saul H. Krenzel & Associates, Philadelphia, PA, for Appellee.