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Requiring "Strength Test" May Constitute Sex and Age Discrimination

Discrimination laws prohibit employment discrimination against current and prospective employees on the basis of a variety of different protected categories such as race, sex, national origin, and religions. Not all instances of employment discrimination are blatant – in some situations a company’s rules or policies – such as English only rules or requiring applicants take a test before in order to qualify for a job constitutes discrimination.

For example, in a recent sex and age discrimination case several applicants at a trucking company sued alleging that they were discriminated against because of the company’s mandatory strength test. According to legal news, the Equal Employment Opportunity Commission (EEOC) investigated the complaints and determined that the strength exam was not indicative of the strength needed for the job. As such, women and older applicants who were not hired as a result of the test may have a claim for sex or age discrimination.

A representative noted, “Physical agility tests for positions that do not require the same level of physical ability can run afoul of federal law.”

For more information or if you believe that you have suffered any form of employment discrimination, please contact the dedicated Atlanta employment lawyers at Buckley Bala Wilson Mew LLP for an immediate case evaluation.

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