Reference no: EM133142770
Wedow v. City of Kansas City, Missouri 442 F.3d 441 (8th Cir. 2006)
Case: Wedow v. City of Kansas City, Missouri 442 F.3d 441 (8th Cir. 2006) Page 457
Parties: Ms. Wedow and Ms. Kline is the plaintiff and Kansas City Government is the defendant.
Facts: Unlike their male counterparts, female firefighters were not provided with adequate firefighting clothing, which placed their lives in danger for years. They were also denied access to restrooms or showers and were generally not treated in the same manner as men firefighters. Despite the fire department's claims to the contrary, the court ruled that this constituted discrimination against women.
Issue: Women firefighters were subjected to harassment and abuse at the hands of their supervisor because they were denied access to gender-specific uniforms and facilities, such as showers and toilets, in the workplace. To ensure the men's health and safety, they were provided with appropriate clothing and showers after a fire. There were two women who grumbled for quite some time about not being able to find appropriate attire. After the fire, the women's chores and the delight it brought them, even though they couldn't wash or take a bathroom break. Women were obliged to sue the city for workplace segregation and sex addiction after their complaints remained unheard for a long period.
Applicable Law(s): Disparate treatment may be used as evidence of unlawful discrimination in the workplace. It is common for an employee to assert that he or she was discriminated against because of a protected feature when he or she is filing a claim of unequal treatment. Even though gender is a protected characteristic, the personnel in question claim that they were treated unfairly by the fire service.
Holding: Because of the inherent dangers of a firefighter's job, as well as the necessity to move and work quickly in such hazardous conditions, to quickly don and remove protective gear, to shower after a fire for health reasons, and to work in 24-hour shifts, providing adequate protective clothing and facilities is an essential part of a firefighter's job description. JUDGMENT FOR PLAINTIFF AFFIRMED.
Reasoning: Working as a fireman in substandard gear and with shoddy restroom and shower facilities isn't just an annoyance; it's a legal requirement. Title VII bans an employer from denying "any person of employment opportunities or otherwise adversely impacting his position as an employee" on the grounds of sex, making it illegal to discriminate based on sex in the workplace. For female firefighters, a lack of proper protective apparel and private, hygienic shower and bathroom facilities jeopardizes her capacity to execute the basic responsibilities of her profession in a safe and efficient way, according to the facts of the case.
Case Questions:
- Are you surprised that this is a 2006 case? Why or why not?
- How do you think the fire department should have responded when the women registered complaints about their uniforms? Explain.
- Why do you think the fire department treated the female employees as it did?