An experienced female crane operator just hired by a new firm was told it was company policy that crane operators urinate over the side of their cranes rather than stop work. The same policy applied to male crane operators. She objected to the policy, was offered alternative jobs, but none as a crane operator, and she quit. Does she have a valid claim for sex discrimination?
A)No, because practice is neutral, and therefore non-discriminatory.
B)No, because she was offered alternative positions.
C)Yes, because the practice was a form of disparate impact.
D)Yes, because the firm did not create a different rule for bathroom breaks for her.

Question

An experienced female crane operator just hired by a new firm was told it was company policy that crane operators urinate over the side of their cranes rather than stop work.  The same policy applied to male crane operators. She objected to the policy, was offered alternative jobs, but none as a crane operator, and she quit. Does she have a valid claim for sex discrimination? ​
A)No, because practice is neutral, and therefore non-discriminatory.
B)No, because she was offered alternative positions.
C)Yes, because the practice was a form of disparate impact.
D)Yes, because the firm did not create a different rule for bathroom breaks for her.

Quizplus · Accepted Answer

C) Yes, because the practice was a form of disparate impact.

An Experienced Female Crane Operator Just Hired by a New