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Q & A

From Utah Question: We are in the process of requesting collective bargaining. I have a member who is appealing a practical portion of a promotion test. He is given 10 calendar days to do so which he did, then in our city municipal code they have five calendar days to schedule a hearing, no sooner than 30 days and not more than 45 days. We just received a response…

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Officer Loses Duty Disability Claim By Trying To Bench Press Too Much

In 2011, Michael Shafer, who was then employed by the Village of Lake in the Hills, Illinois as a police officer, participated in physical fitness testing specified in the collective bargaining agreement between the Village and the Metropolitan Alliance of Police. The contract awarded officers additional compensatory time off based on their performance on a test involving sit-ups, sit-and-reach, bench press, and a 1.5-mile run. Each test is pass/fail….

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Age/Gender-Graded Physical Fitness Tests Violate Title VII

For many years, we have been warning that age/gender-graded physical fitness tests are on extremely shaky legal footing from the perspective of Title VII of the Civil Rights Act. For the first time, a court has squarely analyzed the issue, and has found that age/gender-graded tests cannot be “job-related and consistent with business necessity” as required by Title VII. The case involved a lawsuit filed by Cherie Easterling against…

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Q & A

From Arizona Question: Is it legal to require police officers to participate in physical fitness testing with age- and gender-biased standards in order to be eligible for desirable assignments? While the scores of such tests are said not to affect promotion oppurtunity, they are listed on promotion applications and passing the tests is required for select assignments. Service in the select assignments also has a positive effect on promotion…

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