Does the female crane operator have a valid sex discrimination claim under disparate impact? What about disparate treatment?

A female crane operator was told it was Weyland policy that crane operators urinate over the side of their cranes rather than stop work to take bathroom breaks. Management justified the policy by saying that there was a shortage of staff and that it was necessary for the cranes to operate continuously in that area of the plant. Shifts for crane operators were typically twelve hours. There was evidence that the same policy was applied to male crane operators and that they routinely urinated over the side or back of their cranes in lieu of bathroom breaks.

  1. Does the female crane operator have a valid sex discrimination claim under disparate impact? What about disparate treatment?
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