This is a preview. To continue reading, register for free access now. Register Now or Log in

Sausage Plant's Strength Test Discriminated Against Women

  • expand disabled

    Equal Employment Opportunity Commission v. Dial Corp. (0 other reports)

Author: Michael T. Borruso

In Equal Employment Opportunity Commission v. Dial Corp., +469 F.3d 735 (8th Cir., 2006), the 8th Circuit Court of Appeals addressed whether an employer's preemployment strength test discriminated against female job applicants.

Title VII of the federal Civil Rights Act of 1964 prohibits discrimination in employment on the basis of gender. +42 USCS 2000e. Under Equal Employment Opportunity Commission (EEOC) guidelines, an employer may try to prove a business necessity defense to a sex discrimination claim by showing that its preemployment test is similar to actual aspects of, or can help predict, job performance.