The Equal Employment Opportunity Commission (EEOC) has announced the settlement of two separate lawsuits brought by the agency claiming that the defendant-employers’ pre-employment testing unlawfully discriminated against job seekers. In each case, the employer agreed to pay several million dollars to settle the allegations.
In the first case, brought against CSX Transportation, Inc. (CSX) and which settled for $3.2 million, the agency alleged that the company’s pre-employment physical ability tests were discriminating against female applicants in violation of Title VII of the Civil Rights Act of 1964 (Title VII). In the second case, brought against Amsted Rail Co., Inc. (Amsted) and which was settled for $4.4 million, the EEOC alleged that the company’s medical test for carpal tunnel syndrome unlawfully screened out applicants in violation of the Americans with Disabilities Act (ADA).
Employment selection testing can be an effective tool, but as these cases illustrate it can carry risks if not conducted properly and within existing legal restraints.
Members of the Center for Workplace Compliance (CWC) can read more here.