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PRESS RELEASE
9-26-19

EEOC Sues Schuster for Sex Discrimination

Trucking Company Uses A Strength Test That Discriminates Against Women Truck Drivers, Federal Agency Claims

Sioux City, Iowa - Schuster Company is violating federal law by using a strength test that discriminates against women truck drivers, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the EEOC's lawsuit, Schuster'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 alleges that the CRT Test disproportionately screens out women who are qualified for the truck driver position at Schuster. This includes the individual who filed the charge with the EEOC, who Schuster refused to hire as a truck driver when she failed the CRT Test. The EEOC is seeking relief for a class of women who were not hired because they failed the CRT Test and an injunction preventing Schuster from continuing to use the test.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination, including the use of employment practices that have a disparate impact on women because of their sex and that are not job-related and consistent with business necessity. The EEOC filed suit, EEOC v. Schuster Co., Civil Action No. 5:19-cv-4063, in U.S. District Court for the Northern District of Iowa after first attempting to reach a pre-litigation settlement through its conciliation process.

In August, the EEOC filed a similar lawsuit against another trucking company, Stan Koch & Sons Trucking, relating to its use of the same CRT test.

"The EEOC will take vigorous action if an employer's selection procedure has an adverse impact on women-or any other group protected under the law," said Julianne Bowman, the EEOC's district director in Chicago. "Companies must refrain from using a test causing adverse impact unless it is job-related and consistent with business necessity. Even if a test passes that standard, an employer must adopt any comparably effective alternative practices that have less adverse impact."

"As is clear from the lawsuits against Koch and Schuster, the EEOC has prioritized enforcement actions to eliminate discriminatory barriers to the employment of women and other workers," said Gregory Gochanour, EEOC's regional attorney in Chicago. "The EEOC will enforce federal anti-discrimination laws against employers who use unlawful tests as part of their hiring process. Therefore, employers should carefully examine their employment practices, such as tests and other selection procedures, to make certain that those practices are not causing an unlawful disparate impact because of sex or another covered demographic category."

The EEOC's Chicago District Office is responsible for processing charges of discrimination, administrative enforcement and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa and North and South Dakota, with Area Offices in Milwaukee and Minneapolis.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available on its website at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.