dissenting.
Equal opportunity is a civil right which belongs to all citizens. The practice of denying equal opportunity solely by reason of “race, religion, color, sex, handicap, national origin or ancestry” is forbidden. I.C. 22-9-1-2. All are in danger of this practice, as no person lacks personal traits and background from which they may be, at any moment, judged by another to fall within one of these categories; that is, anyone may be made to suffer loss of equal opportunity because of that person’s race, religion, color, sex, handicap, national origin or ancestry through stereotypic thought processes, lack of information, and simple prejudice. “The promotion of equal opportunity ... through reasonable methods,” the protection of those who must make judgments of others in parcelling out benefits from “unfounded charges” of engaging in the forbidden practice, and the requirement that the civil rights law be “construed broadly to effectuate its purpose” are major provisions of the charge and charter of the Civil Rights Commission. I.C. 22-9-l-2(b), (c) and (f).
The Act provides:
“Discriminatory practice” means: the exclusion of a person from equal opportunities because of race, religion, color, sex, handicap, national origin, or ancestry[.]
22-9-l-3(i )(1). It also provides:
“Handicap or handicapped” means the physical or mental condition of a person that constitutes a substantial disability.
22-9-l-3(q). It is the practice of denying equal opportunity to properly qualified persons by reason of the race, religion, color, sex, handicap, national origin or ancestry of such person which is forbidden. When such a practice is employed, the judgment-maker artificially and illogically limits consideration of relevant traits and background. In my opinion, this statute calls for the Commission, and ultimately the courts, to condemn such practices and processes, irrespective of whether their post-judgment hearings demonstrate that the use of lawful practices and processes would have had the same result. On this basis, I agree in the result reached by the Commission and the majority of the Court of Appeals that the Commission should be open to all persons who have been denied employment on the basis of a physical or mental disability to challenge the practice and process by which they have been judged unqualified.
In this case involving Leslie, SIGECO received a form report from its doctor which reported that she was a normal, thirty-five-year-old woman, but that a spinal x-ray showed that the lowest lumbar vertebra was fused to the sacrum. The x-ray and a physical examination by this company doctor were required by the company. The doctor had checked a box which indicated that she was unfit for heavy work. Upon the basis of this report, SIGECO rendered its judgment that she was not qualified for the job of meter man. SIGE-CO has stipulated to these facts and events in these proceedings. Leslie challenged the *844report, citing her traits and background for consideration. SIGECO took no further step. Another woman applicant was hired to be the meter man.
Judge Miller for the Court of Appeals was of the opinion that the duty imposed upon employers in these circumstances by the Act is to double-check their doctor’s opinions. I agree. A non-discriminatory hiring practice would not restrict consideration to the routine report of a company doctor. The judgment of the trial court should be reversed and the order of the Commission reinstated.