Pre-employment testing has always been risky business, but a recent high-dollar jury verdict has sharpened the focus on such testing. In the latter months of 2006, the 8th U.S. Circuit Court of Appeals considered and affirmed a $3.4 million verdict in favor of the Equal Employment Opportunity Commission (EEOC) in a case involving an employer’s efforts to reduce workplace injuries through pre-employment testing. EEOC v. Dial Corporation, 469 F.3d 735 (8th Cir. 2006).

The Dial Corp., which had implemented a physical strength test for all applicants seeking to work in the sausage-packing area of one of its meat-packing plants, argued that the test was justified and necessary to its business. The jury rejected Dial’s arguments and found the company had engaged in a pattern and practice of intentional sex discrimination. The district court also held that the test had an unlawful disparate impact on women.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]