Evans v. City of Evanston
Court of Appeals for the Seventh Circuit
1Opinion of the Court
POSNER, Circuit Judge.
This is a class action under Title VII of the Civil Rights Act of 1964 on behalf of the 39 women who failed the physical agility test given by the Evanston fire department to applicants for firefighting jobs in 1983. Eighty-five percent of the women who took the test failed (only seven percent of the men failed) and were thereby disqualified, and there are no women among Evanston’s 106 firefighters although at one time there were two. The test is conceded to have had a “disparate impact” on women. So unless the test (more specifically the method of scoring it — the focus…
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