Tuesday, October 20, 2015

Recent EEOC Settlements in Pre-Employment Exam Cases

A couple of recent settlements obtained by the Equal Employment Opportunity Commission ("EEOC") once again highlight how some pre-employment exams and inquiries run afoul of the law.  

Any pre-employment test must be related to the job and the skills necessary for doing the job  and consistent with business necessity.   The EEOC has released a Fact Sheet on employment tests and selection procedures in an effort to display its stance on pre-employment exams, but, of course, some employers still manage to (arguably) violate these laws.
On September 24, 2015, the EEOC announced a settlement of a sex and age discrimination charge with a California trucking company that required applicants to perform physical strength tests.  According to the EEOC, the physical strength tests were not reasonably related to the job duties and had an adverse effect on female and older applicants. 
In August, Target Corporation agreed to pay $2.8 million to resolve an EEOC finding that certain pre-employment tests given to exempt-level positions and administered by psychologists were discriminatory because they were not job-related or consistent with business necessity.  The EEOC found that these exams discriminated against applicants based on race, sex and disability.   Target also agreed to a number of non-monetary provisions, such as eliminating the use of the exams. 

Hat Tip: JD Supra Advisor 

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