Walmart, Inc. and the Equal Employment Opportunity Commission (EEOC) recently entered into a “Consent Decree” settling a lawsuit brought by the agency accusing the company of sex discrimination in violation of Title VII of the Civil Rights Act of 1964. Under the terms of the settlement, Walmart will pay $20 million to a nationwide class of women who were rejected for order-filler positions after they failed a pre-employment physical ability test.
Although the Consent Decree contains no admission from Walmart that its test was discriminatory, the fact that the company settled the EEOC’s allegations for a substantial amount serves as a reminder to all employers that the agency prioritizes enforcement efforts aimed at removal of screening tools that disproportionately impact protected-status workers, and that it is prepared to sue if necessary whenever it becomes aware of such tools.
Members of the Center for Workplace Compliance (CWC) can read more here.