In the Ricci v. DeStefano case, Ricci a white male filed a disparate impact lawsuit under the Title VII. Ricci past the test that was given to be promoted within the fire department. Ricci was one of many (white) candidates to passed the test. The testing service hired to administer the test discarded all test because many minorities did not pass. Dothard case would fall under the disparate impact provision because unless the weight testing requirements are revised to be fair to all regardless of gender, more men will continue to outperform women.