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Rosenfeld v. Southern Pacific Co.
United States Court of Appeals for the Ninth Circuit
444 F.2d 1219 (1971)
Southern Pacific Co. (defendant) excluded women from consideration for its agent-telegrapher positions. Agent-telegraphers had physically demanding duties, including climbing over and around boxcars, frequently lifting objects weighing more than 25 pounds, and occasionally lifting objects weighing more than 50 pounds. The position also required workdays in excess of 10 hours and workweeks in excess of 80 hours during harvest season. Leah Rosenfeld (plaintiff), a Southern Pacific employee, applied for a job as an agent-telegrapher, but the position was given to a less-experienced male employee. Rosenfeld sued Southern Pacific in federal court, alleging that the company had denied her the position based solely on her sex in violation of Title VII of the Civil Rights Act of 1964. Southern Pacific argued that sex was a bona fide occupational qualification for the position because women were unsuited for physically demanding jobs and thus its policy did not violate Title VII. The district court granted summary judgment in favor of Rosenfeld.
Rule of Law
Holding and Reasoning (Hamley, J.)
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