Emploment Law

Employment Law

"W3 Assignment- Case Analyses 3"

EEOC v. Dial Corp

1. What were the legal issues in this case?

The Equal Employment Opportunity Commission (EEOC) filed a sex discrimination suit against the Dial Corporation under Title VII of the Civil Rights Act of 1964 on behalf of 54 women who had applied for work but were not hired due to taking the WTS (Work Tolerance Screen). (D. Walsh, 2013, p. 185)

What did the court decide?

The U.S. Court of Appeals agreed with the U.S. District Court's ruling in favor of 53 out of 54 women. The ruling given, based itself on how the WTS test was given, having a "disparate impact" against women, also the continuation of using this test amounted to "intentional discrimination" against women. (Justia, 2006)

2. What is the evidence that use of the strength test disadvantaged women?

The decrease in percentages of women who passed the test almost each year the test was given, with only eight percent of the women applicants passing in 2002. "The overall percentage of women who passed was thirty eight percent while men's passage rate was ninety seven percent." (Walsh, 2013, p. 186)

3. What is "content validity"?

A test has content validity to the extent that it requires the performance of the same behaviors and skills as the job in question.

What is "criterion validity"?

Criterion validity is a measure job performance.

How did the employer attempt to show the validity of the strength test?

Dial obtained an experienced physiologist who testified in his opinion on the company's behalf that the WTS did indeed perform the skills as the actual job. Dial's organizational psychologist also testified the WTS was the reason that fewer injuries had taken place in the company.

Why was the court not convinced?

The court was not convinced because the company failed to prove the WTS was necessary to establish content and criterion validity.

4. What should Dial do at this point?

Dial should change the WTS test criteria to match the requirement and timing of the actual job, or they can just discard the test altogether.

5. Do you agree with the court's decision?

Yes I do. The WTS was not used fairly to test the applicants that performed the same standards the job requirement.

Lewis