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Friday, October 02, 2009
Linda Chavez :: Townhall.com Columnist
Common Sense Not Sex Discrimination
by Linda Chavez
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The Commonwealth of Massachusetts hardly seems a likely setting for rampant sex discrimination in state hiring, but apparently the Obama administration doesn't agree. The Justice Department this week filed suit against the state and its Department of Corrections, alleging they have engaged in a "pattern or practice of discrimination against female applicants for entry-level correctional officer positions."

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So what exactly constitutes this discrimination? Apparently, female prison guard applicants have a more difficult time passing a required physical abilities test (PAT) than their male counterparts, which is unacceptable to the Obama Justice Department. "Bringing an end to practices that have a discriminatory impact on the basis of sex," says the press release touting the suit, "is a major priority of the Justice Department and Civil Rights Division."

It wasn't all that long ago that the very idea of hiring women to guard violent men -- even if they were behind bars -- would have been thought unwise if not downright crazy. But we've learned that women can do non-traditional jobs, even excel at them. And we've been reassured by feminists that women would ultimately demonstrate they could perform these jobs just as well as men.

But a funny thing happened on our way to wiping out gender differences. Men, on average, are still bigger and stronger than women. So any job that requires physical strength will find fewer women than men in its ranks. That doesn't mean there aren't some women who outperform some men in physically demanding roles, but it does mean that you're likely to see more men than women pass tests that require high-level physical strength.

Which brings us back to Massachusetts and its Department of Corrections. My colleague at the Center for Equal Opportunity, Roger Clegg, attempted to find out why the Justice Department believes that the PAT "is not job related and consistent with business necessity" and is therefore discriminatory. But no one would talk about the case since it is now in litigation. So he went looking for a description of the offending test and what he found online demonstrates just how topsy-turvy the world of anti-discrimination law has become.

According to a Corrections Department pamphlet describing the PAT, applicants are tested on the skills necessary to respond to a hypothetical prison disturbance that has broken out in a building across the prison compound. They have to show they can run the length of the prison campus, climb flights of stairs to the top floor of the prison, remove fallen prison guards or inmates by pulling them to safety and putting them on stretchers, and, finally, restrain violent inmates.

The actual test includes several steps, including removing a "fallen Officer (weight 185 pounds) from the scene," which is demonstrated by dragging "an 85 pound mannequin and 100 pound box, both placed on a sheet, for a distance of 25 feet on a smooth tile or concrete floor." Another part of the test requires that the applicant lift the 85-pound mannequin from the floor and carry it a distance of 100 feet," the equivalent of lifting and carrying, with the assistance of another officer, a 170-pound body.

In 2007 and 2008, according the Justice Department's press release, 96.3 percent of male applicants for correctional jobs passed the PAT, but only 58.8 percent of female applicants did so. But are the lower pass rates for women the result of discrimination? Hardly. They simply reflect that a higher percentage of men than women are capable of, say, lifting and carrying 85 pounds of dead weight or dragging 185 pounds across the floor, especially after having run a half-mile on a treadmill at 5 mph and spending three minutes on a stair-stepper at a pace of 96 steps per minute.

The Justice Department has no business forcing prisons to hire women (or men) who can't help quell a prison disturbance or come to the aid of their fellow officers. Such hiring seems dangerous at best. It puts lives at risk, including the women hired. It's not sex discrimination but common sense for Massachusetts and other jurisdictions to continue to use such tests.

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About The Author

Linda Chavez is chairman of the Center for Equal Opportunity and author of Betrayal: How Union Bosses Shake Down Their Members and Corrupt American Politics .

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©Creators Syndicate
IT'S NOT ABOUT THE TASK
This is simply another case of the Obama Administration not knowing what they are doing. To make a civil rights case out of people of any gender not being able to perform a physical test for job placement is ridiculous. Our local police department has a physical test requirement which excludes men from time to time who are drasitcally overweight and cannot perform the task. It also does the same for women who cannot perform the same task.

If the MA test excludes men who can't do it as well as women then it's a fair test. The fact that more women applicants than men can't pass is not a matter of discrimintation at all. Maybe the Obama Administration will require more wimpy little men apply so the failure rate will be the same between men and women. Perhaps that would make everyone happy.

Some thoughts and question
Whenever I see female prison guards or police officers or military personnel, I wonder;

Are they really going to protect us?

There are some female security guards in the company I work for, so sighting them is not uncommon. But everytime I see them, I wonder, if something happens, do we (civilian men) need to protect these women instead? For example, if female officer was confronting intruders or criminals, and looks like on the verge of being overpowered, should I as a man show some chavinistic side and step in to help this hapless woman? If the officer was man, I don't have to ask this question to myself.

Also, if criminals attack female police officer, would it come with a heavier sentence since in addition to attacking officer, he is committing "violence against women", a crime which could carry another hefty sentences? or the fact that the attacked officer was woman elicit enough sympathy for her and anger towards the attacker to punish him with heavier sentence?
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