Well obviously in the eyes of the judge they perhaps have failed to, or perhaps they didn't even justify it in the first place. But it doesn't ostensibly seem unreasonable to have a physical test to become a dog handler and carrying a dog doesn't sound like an unreasonable requirement. I mean if she were to have been asked to carry two full jerry cans up a hill while jogging or something then perhaps that would be rather more unreasonable but a dog seems pretty relevant.
Why do we split up mens sport and womens sport, again? Because men have a physical advantage, and it is known that there is no way top female athletes can compete with top male athletes.
I guess in this case, they're going to have to say that female dog handlers can only apprehend female criminals, because they will be
objectively need less strength, stamina and fitness to pass the test than men. Or they're going to have to let weaker female dog handlers get a whoopin' on the streets/ be unable to fulfill their role in all situations, due to not having the necessary physical attributes for the job.
What happens if we apply this to something like the Royal Marines? Women having much less tough entry requirements? Consider this quote:
https://www.theguardian.com/uk-news...at-roles-british-army-infantry-armoured-units
A final decision on the move is subject to research into the long-term impact on women of infantry training, but Fallon said he hoped the ban would be lifted “over the next year or so”.
“Women can fight just as effectively as men,” he told BBC Radio 4’s Today Programme. “There’s a small piece of work to be done, but I think army selection should be done on the basis of ability, from now on, and not on the basis of gender.”
Sounds good, right? But now this ruling says that "on the basis of ability" is
not the same test for men and women.
What he actually is going to have to adopt is "on the basis of ability
relative to your protected group". So women's ability will be judged differently to men's ability.
Meaning now that the Royal Marines are going to have to accept the top 1% of men and the top 1% of women, even if the men vastly out-perform the women, physically (sorry but physical attributes cannot be ignored and you can't "make up for it" in all situations). What effect is this going to have? Mission commanders won't be able to select male-only teams for certain missions as women will then claim unfair treatment. Will this have the effect of lowering standards in the Royal Marines?
Ultimately, this is like saying that men and women should compete together in sport. Take tennis. Men and women should compete against each other, but men should need to win 4 points to win a game, whereas women should only need to win 2 points. And if a women wins 2 sets she wins the match, whereas the men need to win 3 sets. And that would be ridiculous.
Yet it seems we're all in favour of it when it comes to employment law. Country is going to the ****ter.