Real Life Story of Disparate Impact

Bernie, Umpire - New York

Softball was Bernie's life. She had played on her high school softball team, coached Little League teams, and umpired games sponsored by a number of organizations, including the New York Police Department. In 1967, Bernie applied for a spot in the Al Somers umpire school. Bernie's application was denied because she did not meet the height and weight requirements imposed by the Baseball League. She filed a claim against the League, presenting statistical evidence that the League's height and weight requirements kept almost every woman who applied for an umpire position from being hired. The League asserted as a defense that being at least 5'11" in height and weighing at least 170 pounds was a necessary business policy because umpires must "command the respect of big men." The court found that in order to use the height and weight requirements as a business policy the League had to show that only individuals with these qualifications could successfully and safely perform the duties of an umpire. The New York Court of Appeals ordered the League to stop using the discriminatory hiring policies. Bernie went on to become the first woman ever to umpire a professional baseball game.

New York State Division of Human Rights v. New York-Pennsylvania Baseball League et al., 29 N.Y.2d. 921, (N.Y. 1972)