Requiring “Strength Test” May Constitute Sex and Age Discrimination

Discrimination laws prohibit employment discrimination against current and prospective employees based on various protected categories such as race, sex, national origin, and religion. Not all instances of employment discrimination are blatant. In some situations, a company’s rules or policies, such as English-only rules or mandatory tests for job qualification, can constitute discrimination.

For example, in a recent case involving sex and age discrimination, several applicants at a trucking company sued, alleging that they were discriminated against due to 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. Consequently, 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.