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Seyfarth Synopsis: In EEOC v. Schuster Co., No. 13-CV-4063, 2021 U.S. Dist. LEXIS 79815 (N.D. Iowa Apr. 13, 2021), the EEOC alleged that Defendant's use of a strength test had disparate impact on female job applicants for driving positions. After both parties moved for summary judgment, the Court denied both motions, holding that the "4/5 Rule" relied upon by Defendant served as a general benchmark as opposed to a dispositive measuring stick, and material issues of fact remained as to the business necessity of the test. This ruling is instructive for employers facing EEOC-initiated litigatio...

Seyfarth Synopsis:  In EEOC v. Schuster Co., No. 13-CV-4063, 2021 U.S. Dist. LEXIS 79815 (N.D. Iowa Apr. 13, 2021), the EEOC alleged that Defendant’s use of a strength test had disparate impact on female job applicants for driving positions.  After both parties moved for summary judgment, the Court denied both motions, holding that the “4/5 Rule” relied upon by Defendant served as a general benchmark as opposed to a dispositive measuring stick, and material issues of fact remained as to the business necessity of the test. This ruling is instructive for employers facing EEOC-initiate...

ADVERTISEMENT ADVERTISEMENT Trucking Co. Can't Put Brakes On EEOC Hiring Bias Suit Law360 (April 14, 2021, 3:43 PM EDT) -- An Iowa-based trucking company can't escape a U.S. Equal Employment Opportunity Commission suit alleging a strength test used in the company's hiring process boxes out female driver applicants, finding the EEOC's case was strong enough to head to trial. In an order filed Tuesday, U.S. District Judge Linda R. Reade refused to award summary judgment to Schuster Co. on the federal workplace bias watchdog's claims that the test had an unlawful disproportionate impact on wome...