Work place tolerance test

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Reference no: EM131033993

Corporation D instituted a “work place tolerance test,” which all employees were required to pass to obtain employment in its 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 resulted in a disparate impact on the women employees. D responded that the test was job-related and necessary to reduce job-related injuries at the plant and submitted evidence that the number of 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. Who wins and why?

Reference no: EM131033993

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