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PHILA. ELEC. CO. v. PA. H. REL. COMM.

No. 1033 C.D. 1980.

68 Pa.Commw. 212 (1982)

Philadelphia Electric Company, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Human Relations Commission and Joyce A. English, Respondents.

Commonwealth Court of Pennsylvania.

August 9, 1982.

Attorney(s) appearing for the Case

Leonard J. Cook, with him John F. Smith, III, Dilworth, Paxson, Kalish & Levy, for petitioner.

Benjamin G. Lipman, Assistant General Counsel, with him Robert S. Mirin, General Counsel, for respondents.

Alan K. Cotler, Pepper, Hamilton & Scheetz, for Amicus Curiae, American Civil Liberties Foundation of Pennsylvania.

Argued April 8, 1981, before President Judge CRUMLISH, JR. and Judges MacPHAIL and BLATT, sitting as a panel of three. Reargued June 8, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS, BLATT, WILLIAMS, JR., CRAIG, MacPHAIL and DOYLE.

OPINION BY JUDGE MacPHAIL, August 9, 1982:

On April 26, 1977, Joyce English applied for the position of Customer Service Representative with the Philadelphia Electric Company (PECO). After she passed successfully all pre-employment tests and otherwise demonstrated her fitness for the job she was seeking, she was referred to PECO's medical department for a physical examination. The medical department uses a weight chart to screen prospective employees. The chart sets...

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