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Gender discrimination?
Linda was employed with Southern Telephone Company as a telephone operator for ten (10) years. Bored with this job, she applied for an open position to perform telephone repairs which paid $10.00 per hour more than she was currently earning. This position required the employee to be able to climb to the top of a telephone pole wearing a tool belt weighing approximately 15 to 20 lbs to make repairs. Southern Telephone Company refused to admit Linda into the training program for the position claiming that she was incapable of performing the duties of the position because she was female.
Discuss this scenario from both Linda and Southern Telephone Company's point of view, including the basis for the relevant claims and defenses.
Yes it is gender discrimination.
I work a job that is typically a male job. I'm a property adjuster for an insurance company. I climb ladders and inspect roofs. And I don't have a safety harness. Granted, my equipment does not weight 15-20 lbs - but my ladder does - and on rare occasions I pull it up onto a first story so that I can set it up on the first story and get to the second (ladder is only 12'6" so when you got two story worth of house.....). So, I don't think 15-20 weight would prevent her from doing the job. But her job would be more physical than mine - day in and day out - every day. She would be more prone to a repetitive stress injury. But her gender has no bearing on that.
Linda probably sees the job as I do. She's not afraid of heights and is physically able to do the job. Shes willing and just needs someone to give her the chance to prove herself. I'd suggest she print off a description of the job (she may be able to get it from HR) and then have a physical with her Dr and have him write up a letter stating that she is physically capable of performing the duties of the job and reapply.
A few years ago, I had a female electrician do some work on my home.
Women can and do jobs that are typically "male".
From Southern Telephones perspective -- it's outside the box. The good ol' boys just are not willing to go there. And it can be very difficult to break through an antiquated way of thinking.
There is probably a concern about sexual harassment. Lets be real....men can be pigs. Linda will hear off color comments from the male linemen. She's gonna need a thick skin and the ability to handle the situation. The company does not want to get sued. Granted, I don't know that a discrimination law suit is any better than a sexual harassment suit.
A better way for the company to handle the situation would be for the company to have Linda shadow a line man for a week or so before she applies. That way - she can get a good idea of the type of exactly what the job involves and if she thinks it's a good fit for her. She'll also get the chance to get to know some of the men she'd be working shoulder to shoulder with and ask any questions she has.
When I applied for my field position -- I had been working as in inside adjuster. I had access to field adjusters and had a very good idea of what I was applying for and the physical requirements of the job.
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