The U.S. Supreme Court Jan. 18 refused to take up an appeal by the Southeastern Pennsylvania Transportation Authority (SEPTA) that said the 3rd Circuit Court of Appeals improperly revived a lawsuit brought by women who were denied jobs as SEPTA police officers after they failed to run 1.5 miles in 12 minutes or less.

The ruling clears the way for Senior U.S. District Judge Clarence C. Newcomer to hold supplemental hearings in which SEPTA must defend its use of the running test by showing that it is one of the “minimum qualifications” its officers must meet to do the job.

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