On September 24, 2015, the Equal Employment Opportunity Commission (EEOC) announced that Central Refrigerated Service agreed to settle an age and sex discrimination charge filed by the agency. The EEOC says that a strength test the company required truck driver applicants to take discriminated against women and those over the age of 40. The test required more strength than what was needed for the position, according to the agency. Central does not admit liability and says it settled because it no longer uses the test in question.
The strength tests were administered by a third-party called WorkWell, Inc. Central no longer uses WorkWell and, as part of the settlement, agreed not to use WorkWell strength tests as a condition of employment in the future.
In general, employers are not prohibited from requiring applicants to take strength tests, or other types of tests, as a condition of employment, but these tests can easily slide into discrimination. When a test disproportionately excludes people in any protected group such as sex or age, the employer may be required to justify the test. Strength tests must be job-related and actually reflect the demands of the position and duties.
In the case against Central, the strength tests did not reflect the strength level required by the position. The tests were too hard and as a result women and people over 40 who may have been perfectly qualified and capable of performing the duties of the position were not hired.
If you believe that you were denied a position or promotion due to discriminatory testing, please call the New Jersey employment discrimination attorneys of Lenzo & Reis, LLC, at (973) 845-9922 or email us today for a free case evaluation.