September 17, 2020

Walmart Settles Claims Alleging That Physical Ability Tests Discriminated Against Women

A Kentucky federal judge has approved Walmart Inc's $20 million settlement of an EEOC lawsuit claiming the company's practice of giving physical ability tests to applicants for certain jobs made it unjustifiably harder for women to get the jobs. The lawsuit, filed by the EEOC on behalf of a nationwide class of female job applicants, alleged that Walmart has disproportionately disqualified women from warehouse jobs, because women were unable to pass a physical ability test. The complaint alleged the test was a violation of Title VII of the Civil Rights Act of 1964. Walmart denied any wrongdoing, alleging the test was non-discriminatory and in place simply to assure that applicants could meet the physical requirements of the job. However, as part of the settlement, Walmart has agreed to stop using the test for at least five years.