Mega Carrier’s Strength Test Discriminates Against Women Truckers, Judge Rules
Minneapolis, MN – A federal judge has ruled against a mega carrier finding the company’s strength test administered to truck driver applicants disadvantages women.
In 2019, the U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit — in U.S. District Court for the District of Minnesota — against Stan Koch & Sons Trucking (Koch) alleging the company’s use of the CRT test, a strength test developed by Cost Reduction Technologies, Inc., discriminates against women truck drivers because of their sex.
Specifically, the EEOC contended Koch’s use of the CRT test violates Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination, including retaliation for filing a charge of discrimination with the EEOC.
Koch uses the test, in part, to reduce workplace injuries thus reducing worker compensation costs.
In a newly issued ruling, Magistrate Judge Hildy Bowbeer determined the CRT test disproportionately screened out women who had been given conditional offers of hire by Koch to work as truckers or who were already employed by Koch and were required to take the test to return to work following an injury.
In addition, the judge found that Koch did not provide sufficient evidence to prove the test was job-related and consistent with business necessity.
The EEOC is now entitled to relief for a class of at least 90 women applicants who were rejected because they failed the CRT test.
The amount of monetary damages owed to the women by Koch has yet to be determined.
In a statement, the EEOC said it will also seek an injunction preventing Koch from continuing to use the test.
“The women who failed the CRT test were qualified, experienced truck drivers who had successfully worked at other companies but were prevented from working at Koch, in effect, because of their gender,” said Gregory Gochanour, the EEOC’s regional attorney in Chicago.
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.