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State v. City of Cottonwood Order

Date: 
July, 2012

This is an action brought under the Arizona Civil Rights Act to correct unlawful employment practices, to provide appropriate relief to an aggrieved person, and to vindicate the public interest. Specifically, the State brings this matter to redress the injury sustained because, at the time Charging Party Monica Kuhlt ("Kuhlt") was applying to be promoted to sergeant in December 2006, Defendants adopted a physical fitness test and performance standards that Defendants knew had a disparate impact on women. Defendants had not validated the physical fitness test or performance standards as job related or necessary to the position of sergeant (or to any other law enforcement position with Defendants) and had not considered less restrictive physical fitness testing standards that would satisfy Defendants' actual business needs without adversely affecting female police officers or applicants.