Name of the case: Dothard V.

Rawlinson

Citation: 433 US 347 (1977)

Facts of the case: Dianne Rawlinson applied to be a prison guard with the
Alabama Dept. Of correction. The Dept. Had a minimum height and weight
requirement of 129 pounds and 5 feet 2 inches. Rawlinson did not meet the
minimum weight requirement, so the Dept. refused to hire her. Rawlinson sued
on behalf of herself and all similarly-situated women under Title VII, alleging
sex discrimination. While this suit was pending, the Alabama board of
corrections adopted a rule banning women from working in “contact positions”
that require close physical proximity to inmates. Rawlinson amended her
complain to challenge the new rule as well. The U.S District for the Middle
District of Alabama ruled in favour of Rawlinson. The U.S. Supreme Court
heard this case on direct appeal.

Question:

1. Do the height and weight requirements violate Title VII

2. Does the ban on women in “contact positions” violate Title VII

Conclusion: In a 7-2 decision, Justice Potter Stewart wrote the majority opinion
affirming in part. The Supreme Court held that the height and weight
requirements violated Title VII because Rawlinson showed that the requirement
excluded 41% of females in the nation, and the Dept. Was unable to show that
the requirement was job-related. The “contact person” ban was a bona fide
occupational qualification, however, so Title VII did not prohibit it. The court
held that having women in these positions would create substantial security and
safety problems. Justice William H. Rehnquist wrote a concurrence, agreeing
that the “contact position” ban relates to a bona fide occupational qualification,
but stating that the district court should have analyzed the height and weight
requirement in more dept. Justice Harry A.Blackmun joined in the concurrence.
Justice Thurgood Marshall wrote a partial dissent, agreeing that the height and
weight requirements violated Title VII, but expressing that the ban on women in
“contact positions” is also prohibited. Justice William J. Brennan joined in
concurrence. Justice Byron R. White wrote a dissent, stating that showing that
the general height and weight statistics do not establish a valid case. Rawlinson
also hadn’t proved she was denied employment under the “contact position”
rule because she didn’t meet the height and weight requirement in the first
place.