Question: Dial Corp. implemented a work tolerance test, which all new employees were required to pass to obtain employment in its Armour Star brand sausage-making department.

Dial Corp. implemented a “work tolerance test,” which all new employees were required to pass to obtain employment in its Armour Star brand sausage-making department. Of the applicants who passed the test, 97 percent were male and 38 percent were female. The EEOC “demonstrated” that the facially neutral work tolerance test “caused” a disparate impact on women. The defending employer did not deny that the employment practice in question caused the disparate impact. Rather, the employer responded that the test was “job related” and “necessary” to reduce job-related injuries at the plant and submitted evidence that the number of job injuries had been reduced after implementation of the testing program. The evidence showed that the company had initiated numerous other safety initiatives that had an impact on reducing injuries at the plant. After they failed the test, 52 women were denied jobs. Decide this case. [EEOC v Dial Corp., 2005 WL 2839977 (SD Iowa)]

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