Our Videos

September 29, 09

NEWS / Justice Department Sues Massachusetts and Its Department of Corrections for Discriminating Against F


WASHINGTON – The Justice Department announced that it has filed a lawsuit today against the commonwealth of Massachusetts and its Department of Corrections (MDOC), alleging that they engaged in a pattern or practice of discrimination against female applicants for entry-level correctional officer positions, in violation of Title VII of the Civil Rights Act of 1964, as amended. Title VII is a federal statute that prohibits employment discrimination on the basis of race, color, sex, national origin and religion.

The department’s complaint, filed in federal court in Boston, alleges that Massachusetts and the MDOC are using an unlawful physical abilities test (PAT) that disproportionately screens out female applicants for entry-level correctional officer jobs, resulting in a significant disparate impact against female applicants. According to the complaint, in 2007 and 2008, female applicants for the entry-level jobs of correctional officer and correctional program officer passed the PAT at a rate of approximately 58.8 percent, while the corresponding pass rate for male applicants was approximately 96.3 percent. Title VII prohibits not only intentional discrimination in employment, but also the use of employment practices, such as physical performance tests, which result in disparate impact, unless the employer can prove that such practices are “job related for the position in question and consistent with business necessity.” The complaint states that the commonwealth and the MDOC’s use of the PAT is not job related and consistent with business necessity and, therefore, violates Title VII.

“Bringing an end to practices that have a discriminatory impact on the basis of sex is a major priority of the Justice Department and the Civil Rights Division. Physical abilities tests, like the one used by Massachusetts and the MDOC, should measure applicants’ ability to do the job without disproportionately screening out large numbers of qualified female applicants,” said Loretta King, Acting Assistant Attorney General for the Civil Rights Division.


The government’s complaint seeks a court order that would require Massachusetts and the MDOC to stop using the challenged PAT, adopt and use a physical fitness test for correctional officer applicants that complies with Title VII and provide remedial relief (including, as appropriate, job offers, retroactive seniority and back pay) to those female applicants who were harmed by the use of the PAT.

http://www.usdoj.gov/opa/pr/2009/September/09-crt-1041.html

 




Testimonials

John Beacleay

Just wanted to say thanks again for all your help Anton. I mean it's really amazing to me that yo...
Read More »
Niranjan Sujay
I recently used LOGOS INTERNATIONAL for the translation of my bachelor’s certificate, and I couldn’t...
Read More »
Katia Nagata

As a foreigner, I needed a certified translation, so I called the DOE to give me a list of the ce...
Read More »
AnnaMaria Realbuto
Thank you for all your assistance and efficiency...
Read More »




FAQ

Can I notarize a document with blank spaces?
Read More »
What is a visa?
Read More »
Is Chilean Sea Bass Trade Regulated in the United States?
Read More »
Is there additional post-completion OPT available to students working in the high-tech industry?
Read More »






News

October 27, 25
Scammers exploit LastPass “digital will” function by referencing phony death certificate
Read More »
October 20, 25
Chimp expert Jane Goodall died of cardiac arrest – death certificate
Read More »
October 16, 25
IRS to phase out paper check payments and refunds
Read More »
October 10, 25
Man used bogus birth certificate to enroll at MN high school
Read More »