Finding that Senior U.S. District Judge Clarence C. Newcomer employed the wrong test for analyzing a disparate impact claim, a divided panel of the 3rd U.S. Circuit Court of Appeals has revived a class-action sex discrimination suit brought by women who were denied jobs as SEPTA police officers after they failed to run 1.5 miles in 12 minutes or less.

U.S. Circuit Judge Carol Los Mansmann said the decision in Lanning v. SEPTA marks the first time that a federal appellate court has addressed the standards established by Congress in the Civil Rights Act of 1991 for analyzing whether a job requirement has an illegal disparate impact.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]