Mieth v. Dothard

• Citation: 418 F. Supp. 1169
• Decision Date: 29 November 1976
• Docket Number: Civ. A. No. 75-433-N.
• Parties: Brenda M. MIETH and Dianne K. Rawlinson, Individually and on behalf of all others similarly situated, Plaintiffs, v. E. C. DOTHARD, Individually and in his official capacity as Director of the Department of Public Safety, his agents, servants, assigns, and successors in office, et al., Defendants.
• Court: U.S. District Court — Middle District of Alabama

418 F. Supp. 1169

Brenda M. MIETH and Dianne K. Rawlinson, Individually and on behalf of all others similarly situated, Plaintiffs, v. E. C. DOTHARD, Individually and in his official capacity as Director of the Department of Public Safety, his agents, servants, assigns, and successors in office, et al., Defendants.

Civ. A. No. 75-433-N.

United States District Court, M. D. Alabama, N. D.

June 28, 1976.

Probable Jurisdiction Noted November 29, 1976.

COPYRIGHT MATERIAL OMITTED

John L. Carroll, Pamela S. Horowitz, Joseph J. Levin, Jr., Morris S. Dees, Jr., Montgomery, Ala., for plaintiffs.

Larry R. Newman, Asst. Atty. Gen., State of Alabama, Montgomery, Ala., David

G. Flack, State Dept. of Corrections, Montgomery, Ala., for the Board of Corrections and its members.

E. Ray Acton, Sp. Asst. Atty. Gen. of Ala., Montgomery, Ala., for defendants Dothard, Frazer, Adams, Wilson, Anderson, Alabama Peace Officers Standards and Training Commission, Hobbie, Wright, Kentrell, Cooper, Hearn, Wilkins and Jackson.

Before RIVES, Circuit Judge, and JOHNSON and VARNER, District Judges.

Probable Jurisdiction Noted November 29, 1976. See 97 S.Ct. 483.

PER CURIAM:

STATEMENT OF THE CASE

This class action is brought by two women whose applications for employment with the Department of Public Safety and the Board of Corrections of the State of Alabama were denied on account of their failure to meet minimum weight and height requirements. Plaintiffs contend that these height and weight requirements and the assignment policies of the Board of Corrections are sexually discriminatory, and they seek to bring this lawsuit on their own behalf and on behalf of all women who might be employed or are applicants for employment as state law enforcement officers as that term is defined by Alabama Code, Title 55, § 373(103) (1973 Supp.).¹ Alternatively, plaintiffs seek to represent all women who might be employed or are applicants for employment with the Department of Public Safety for the position of State Trooper and all women who are employed, might be employed, or are applicants for employment with the Board of Corrections for the position of Correctional Counselor, Correctional Counselor Trainee, or Correctional Officer. Under the first definition of plaintiffs' class, jobs in law enforcement agencies other than the Department of Public Safety and the Board of Corrections would be affected. Evidence submitted to this Court, however, has involved only the positions of Correctional Counselor with the Board of Corrections and State Trooper with the Department of Public Safety. Because the merits of this sex discrimination claim turn significantly upon the nature of the employment duties, this Court rejects the broad definition submitted by the plaintiffs and certifies the alternative, more narrow, one.

Defendants in this case are E. C. Dothard, Director of the Department of Public Safety; the Alabama Board of Corrections and its individual members; Judson Locke, Commissioner of the Board of Corrections; Stanley Frazer, Director of the Alabama Personnel Board; the Alabama Personnel Board and its individual members; and the Alabama Peace Officers' Standards and Training Commission and its individual members.

Plaintiffs' claims arise under the Civil Rights Act of 1871, 42 U.S.C. § 1983, and the Civil Rights Act of 1964 as amended, 42 U.S.C. § 2000e-2. The amount in controversy exceeds $10,000 exclusive of interests and costs. Jurisdiction is provided by 28 U.S.C. §§ 1331, 1343(3) and 42 U.S.C. § 2000e-5(f). Because a statute and administrative orders of the State of Alabama are challenged on constitutional grounds, and injunctive relief is sought against state officials, a three-judge court has been convened pursuant to 28 U.S.C. § 2281. The submission of this case is upon the briefs and the evidence presented by the depositions, interrogatories and other documents of the parties.

FINDINGS OF FACT

A. State Troopers

The Department of Public Safety of the State of Alabama was created by the legislature primarily to enforce the state's traffic laws. See Alabama Code, Title 36, § 58(58) (1958). The Department is divided into divisions which include the following: (1) administrative division, (2) highway patrol division, (3) driver's license division, and (4) service division. Id. § 58(56). A director, appointed by the Governor, serves at the pleasure of the Governor as head of the department. Id., § 58(54). It is the duty of the director to appoint all employees of the department, subject to the rules of Alabama's merit system law. Id., § 58(57). The merit system announcement for the position of State Trooper (formerly the highway patrol division) requires the following qualifications:

(1) Graduation from a standard senior high school or GED certificate.

(2) Possession, upon appointment, of a valid Alabama driver's license.

(3) Passage of a physical examination equivalent to that established by the United States Army.

(4) Measure at least 5 feet, 9 inches in height without shoes and weigh at least 160 pounds without clothing.

(5) Sound teeth and vision correctible to 20/20, free from color blindness.

(6) Be between the ages of 21 and 36 years.

(7) Must never have been convicted of a felony or a misdemeanor involving either force, violence, moral turpitude or serious traffic violations.

Height and weight limitations have been a longstanding requirement for the job of State Trooper. While this requirement is an administrative one, the Director of the Department of Public Safety has testified that he is unsure as to how the requirements were developed or why these particular heights and weights were chosen. No study or test has ever been conducted by the department to determine what specific skills required of a State Trooper can be performed only by a 5'9", 160 pound person. Applicants who meet these physical qualifications are given a written exam and then placed on a register according to their exam grade. Appointment to the position of State Trooper is made from the top three names on this register.

The job of a State Trooper is described in the merit system announcement as follows:

A State Trooper enforces state laws and regulations, especially traffic laws. He patrols an assigned area in a patrol car; uses two-way telephone equipment; gives assistance to motorists; stops trucks to determine compliance with state and federal regulations; directs traffic, investigates accidents, gives first aid and safeguards property; investigates crimes or complaints, makes reports of findings; arrests law violators; appears in court as a witness; assists other law enforcement agencies; gives directions to tourists; watches for and corrects or reports hazards to safe driving. He may administer drivers' license examinations or do other police work as required.

The director of the department estimates that 75 to 90 percent of the time of the State Trooper is taken up with traffic enforcement. Much of this time is spent alone, patrolling the rural highways of Alabama without the availability of back-up. Unquestionably, the job is hazardous. Because of these hazards, the director has testified that he believes that physical strength is very important in relation to the performance of the job. Specific incidents where strength would come into play would be arresting an uncooperative individual, rescuing a person pinned underneath a car, or removing heavy objects obstructing the highway. No test for physical strength is given, however, in the State Trooper selection process. The Department does not actively recruit women for the position of State Trooper in spite of the fact that the director feels that, although women should not be assigned to the rural highways, they could serve as drivers' license examiners, investigators and safety instructors. In the present force of 659 State Troopers, there are no women employed. To the best knowledge of the director, only four women are presently on the list of 1,627 names in the register to become State Troopers.

Brenda Mieth is a 28-year-old female who is 5'6" in height and 132-133 pounds in weight. Ms. Mieth is a graduate of high school and the Monroe Business College and from 1973 to the present has been taking courses dealing with law enforcement at Troy State University and Prince George's Community College in Maryland. On October 23, 1975, Ms. Mieth made application to the Alabama Personnel Board for employment by the Department of Public Safety in the position of State Trooper. The Personnel Board, on October 30, 1975, mailed Ms. Mieth a notice that her application was unacceptable for failure to meet the minimum weight requirements. Apparently, Ms. Mieth meets all other job prerequisites except the height limitation which was not mentioned in the notice.

After learning of her rejection, Ms. Mieth obtained a personal interview with Colonel E. C. Dothard, the Director of the Department of Public Safety of the State of Alabama, and requested a waiver of the height and weight restrictions, citing her strong desire to be a State Trooper. Colonel Dothard refused this request, informing Ms. Mieth that he would never put a woman on the road because of the dangers involved. Before departing, the director, in a courtly gesture, presented Ms. Mieth with a certificate making her an "Honorary State Trooper."

Since the rejection of her application for employment by the Alabama Department of Public Safety, Ms. Mieth has sought in vain to secure employment with several law enforcement agencies in Alabama, Virginia and Maryland. She is presently employed in a security position by a private business firm at the rate of $3.00 per hour.

B. Correctional Counselors

The Board of Corrections of Alabama is vested with the authority of administering the state's correctional system. Alabama Code, Title 45, § 10(1) (1958). The board is composed of five members who must be residents and are qualified electors of the State of...