Mega Carrier Agrees to Settle Sex Discrimination Lawsuit Over Use of Strength Test

Minneapolis, MN – A mega carrier has agreed to settle a sex discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

Stan Koch and Sons Trucking will pay $500,000 and furnish other relief after a federal judge, in September, ruled the company’s strength test administered to truck driver applicants disadvantages women.




 

According to the EEOC’s 2019 lawsuit, filed in U.S. District Court for the District of Minnesota, Koch’s use of the “CRT” test, an isokinetic strength test developed by Cost Reduction Technologies, Inc., disproportionately screened out women who are qualified for truck driver positions.

In an announcement detailing the terms of the new settlement, the EEOC said it is a five-year consent decree requiring Koch to pay $500,000 in monetary damages and make job offers to a class of women whose job offers were revoked by Koch after they failed the CRT test.

The decree also forbids Koch from using the CRT test, and, if it chooses to use any other physical abilities test that has a disparate impact on female drivers, it must first demonstrate that the test is job-related for the position in question and consistent with business necessity.




 

Additionally, Koch agreed to make regular reports to the EEOC regarding its hiring practices for the duration of the decree.


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In a separate case decided in October 2020, truck driver Alana Nelson was awarded $165,000 after Koch refused to hire her back because she failed the CRT test following a workplace injury.

Below is a two-minute video — which is currently on CRT’s website — demonstrating its isokinetic test to measure muscle strength and range of motion of knees, shoulders, and back.



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