Title VII of the Civil Rights Act of 1964-Physical Abilities Tests

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7^th Circuit Court of Appeals

Case Name: Catherine Erdman v. City of Madison

Case No.: 22-2433

Officials: Rovner, Hamilton, and Brennan, Circuit Judges.

Focus: Title VII of the Civil Rights Act of 1964-Physical Abilities Tests

Erdman, a firefighter hailing from Janesville, Wisconsin, sought a position with the Madison fire department. Erdman contended that the Madison fire department’s Physical Abilities Test (PAT), which she did not pass, had a disparate impact on women, thereby contravening Title VII of the Civil Rights Act of 1964. Erdman proposed an alternative assessment, the Candidate Physical Abilities Test (CPAT), sanctioned by the International Association of Fire Fighters (IAFF), asserting that it would have a lesser disparate impact on women while still effectively gauging an applicant’s physical abilities.

The district court acknowledged Erdman’s demonstration that the Madison PAT exhibited a prima facie disparate impact on women. However, it also determined that the Madison PAT was job-related and fulfilled the city’s legitimate requirements. Moreover, the court found that Erdman had not substantiated her claim that the IAFF test would adequately meet the city’s legitimate needs. Dissatisfied with the ruling, Erdman appealed the decision.

The appeals court upheld the district court’s verdict, concurring that the Madison PAT in its entirety, rather than its individual components, should be regarded as the “particular employment practice” for assessing disparate impact. The court affirmed Erdman’s establishment of a prima facie case, citing a statistically significant disparate impact on female applicants caused by the Madison PAT as a whole.

However, the appeals court also supported the district court’s conclusion that Erdman had failed to prove the IAFF test’s alignment with the legitimate needs of the Madison fire department, in comparison to the Madison PAT. This determination was grounded in testimony indicating that specific elements of the Madison PAT were tailored for the city, considering its characteristics, the fire department’s equipment, and safety considerations. Additionally, the court noted the Madison fire department’s above-average rate of hiring and retaining female firefighters, suggesting the efficacy of the Madison PAT.

Affirmed.

Decided 01/22/24

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