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LANNING v. SOUTHEASTERN PENNSYLVANIA TRANSP. AUTH.

Nos. 98-1644, 98-1755.

181 F.3d 478 (1999)

Catherine Natsu LANNING; Altovise Love; Belinda Kelly Dodson; Denise Dougherty; Lynne Zirilli, v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY (SEPTA); (D.C. Civil No. 97-cv-00593). United States of America, v. Southeastern Pennsylvania Transportation Authority (D.C. Civil No. 97-cv-01161). Catherine Natsu Lanning, Altovise Love, Belinda Kelly Dodson, Denise Doughtery and Lynne Zirilli, Appellants in No. 98-1644. United States of America, Appellant in No. 98-1755.

United States Court of Appeals, Third Circuit.

Filed June 29, 1999.

Attorney(s) appearing for the Case

Lisa M. Rau (Argued), Jules Epstein, Kairys, Rudovsky, Epstein, Messing & Rau, Philadelphia, PA, Michael Churchill, Public Interest Law Center of Philadelphia, Philadelphia, PA, for Appellants: Catherine Natsu Lanning; Altovise Love; Belinda Kelly Dodson; Denise Dougherty; Lynne Zirilli in No. 98-1644.

Bill Lann Lee, Acting Assistant Attorney General, Dennis J. Dimsey, Esquire, Leslie A. Simon, Robert S. Libman, (Argued), United States Department of Justice, Civil Rights Division, Washington, DC, for Appellant in No. 98-1644.

Saul H. Krenzel, (Argued), Saul H. Krenzel & Associates, Philadelphia, PA, for Appellee—SEPTA.

Before: MANSMANN, WEIS and JOHN R. GIBSON, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this appeal, we must determine the appropriate legal standard to apply when evaluating an employer's business justification in an action challenging an employer's cutoff score on an employment screening exam as discriminatory under a disparate impact theory of liability. We hold today that under the Civil Rights Act of 1991, a discriminatory cutoff score on an entry level employment examination must be shown...

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