Lanning vs. Southeastern Pennsylvania Transit Authority (SEPTA) concerned the adoption by SEPTA of a physical fitness test to use in the hiring of transit officers (law enforcement employees). The test included a component in which candidates had to complete a 1.5 mile run in no more than 12 minutes. The test was created by a consulting physician who determined that while officers would not have to undertake such a run in course of their duties, the run nonetheless was an accurate measure of the aerobic capacity required to perform the job. The trial court found that for the years 1993 and 1996 (the years involved in the litigation), the pass rate for males was 55.6% and the pass rate for females 6.7%. The trial court calculated that the women had a pass rate that was only 12% that of men (6.7%/55.6%). SEPTA countered with evidence from validation studies, which showed that candidates who passed the run test had success rates on twelve different job standards ranging from 70-90%, while persons who failed the test had success rates ranging from 5-20%. The trial court also noted that applicants were warned in advance about this test, and virtually all the women who trained for the test passed it. If women who were not hired sued: a. What type of discrimination should they allege what do they have to prove for a prima facie case? b. What evidence can SEPTA use in burden shifting? How could the employees counter this? c. Should the female employees win their case
