Case Through the Federal Courts

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  • I was denied employment with the Houston's Fire Department based on my failure to pass a required physical ability test that has proved to be discriminatory! I want justice!
  • Don't worry Mrs. Smith, I will fight for your 14th amendment rights in court to end this discriminatory practice and bring you justice!
  • I argue that the test is discriminatory against women and is unlawful because the passing rate is significantly lower for female firefighter applicants than for male applicants, it is not related to job performance or predictive of who would succeed as a firefighter. This test should therefore be abolished.
  • At a District Attorney's office
  • We find the defendant not liable for employee discrimination through the use of a physical abilities test.
  • Attorney Benson's Office
  • I am sorry we were not able to win that case, but we will go to an appellate court and fight for your rights! We will appeal their decision.
  • The Federal Southern Texas District Court (Original Jurisdiction)
  • This is one interesting case! However, since there is already a precedent established for cases like this. If we follow stare decisis case of Muchmore v. City of Chicago, then the test is not considered discriminatory or unconstitutional.
  • The Federal District Court of Southern Texas (Original Jurisdiction) The Jury makes a decision
  • Attorney Benson's Office
  • 5th Circuit Court Judges (Appellate Jurisdiction)
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