The U.S. Supreme Court case Dothard v. Rawlinson (1976) dealt with gender discrimination in employment practices, specifically within the Alabama Department of Corrections. Dianne Rawlinson applied for a position as a prison guard but was denied due to her failure to meet the height and weight requirements set by the state, which she claimed were discriminatory against women. The court ruled 7-2 in favor of Rawlinson, finding that these physical standards disproportionately excluded women from consideration and could not be justified as being necessary for job performance. Furthermore, it found that an additional regulation barring female guards from male prisons amounted to unlawful sex discrimination under Title VII of the Civil Rights Act because it was based on stereotypes about differences between men and women rather than actual ability or individual characteristics.

In the dissenting opinion for Dothard v. Rawlinson, Justice Rehnquist disagreed with the majority's interpretation of Title VII of the Civil Rights Act. He argued that Alabama’s height and weight requirements for prison guards were not discriminatory against women because they were based on a bona fide occupational qualification (BFOQ). According to him, these physical standards aimed at ensuring safety in prisons as it was reasonable to assume that smaller individuals might be less able to maintain order or protect themselves in case of violence. Furthermore, he contended that even if some women could meet these standards and perform effectively as correctional counselors in maximum-security male penitentiaries, this did not mean all or most women could do so. Thus, he believed such generalizations about genders should be allowed under BFOQ exception when public safety is at stake.