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It covers Title VII, the Age Discrimination Act, Uniform Guidelines, and the Americans with Disabilities Act, emphasizing job-relatedness, essential job functions, reasonable accommodation, objective testing, and predictive validity. The material then analyzes “validation” and what acceptable validation documentation must include, followed by industry contexts and case studies (e.g., EEOC v Dial) showing what can go wrong when tests produce adverse impact or lack business necessity.","Legal Issues  \nSurrounding Physical Ability Test  \nBy: Jim Briggs, OTR (Retired) [jim.briggs@advancedergonomics.com](jim.briggs@advancedergonomics.com)  \nEMPLOYMENT LAWS  \nTitle VII of the Civil Rights Act of 1964  \nAge Discrimination Act of 1967  \nUniform Guidelines on Employee Selection Procedures – 1978  \nAmericans With Disabilities Act 1992, 2008/2011  \nUniform Guidelines on Employee Selection Procedures CFR-20 Chapter 60-3  \nUS Department of Labor  \nApply to tests and other selection procedures which are used as a basis for any employment decision.  \n60-3.2 (B)  \nUniform Guidelines (cont.)  \nThe use of any selection procedure that has an adverse impact on the hiring, promotion, or other employment opportunities of members of any sex, age, or ethnic group will be considered to be discriminatory unless it has been validated or the provisions of section 6 of this part are satisfied. 60-3.3 (A)  \nLEGAL REQUIREMENTS  \n􀂄 Job Relatedness  \n􀂄 Essential Job Functions  \n􀂄 Reasonable Accommodation  \n􀂄 Objective Testing  \n􀂄 Predictive of Job Performance“VALIDATION”  \n60-3.9 (A) Unacceptable Substitutes for Evidence of Validity  \n􀂄 Marketing material  \n􀂄 A letter from an Attorney stating validity  \n􀂄 Validity documents for other jobs or employers  \n􀂄 Job task analysis  \n􀂄 Anything other than a proper Validation document  \nVALIDATION DOCUMENTATION  \n􀂄 60-3.15  \n􀂄 How the job’s physical demands were analyzed  \n􀂄 A detailed description of the test battery  \n􀂄 How the tests measure the physical abilities of an individual  \n􀂄 A review of alternative tests that might reduce“Adverse Impact” 60-3.3 B  \n􀂄 How the pass/fail criteria relate to job requirements  \n􀂄 How the test battery is intended to be used  \n􀂄 Steps taken to assure accuracy and completeness  \nAppropriate Industry Types  \n􀂄 Distribution – Retail Merchandise, Grocery, Beverage, Furniture, etc.  \n􀂄 Transportation – Trucking, Airlines, etc.  \n􀂄 Manufacturing – Steel, Large parts or heavy components  \n􀂄 Hospitals – Patient lifting  \n􀂄 Nursing Homes – Patient lifting  \n􀂄 Ambulance/EMT – Patient lifting  \n􀂄 Utility/Public Works – Lifting and Cardiovascular  \n􀂄 Others – Is lifting > 35lbs? Do workers fatigue?  \nCase Studies  \nEEOC v Dial Corporation 2005 Why was the test not validated  \nIndergard v Georgia-Pacific Corp 2010 What makes a test a medical exam  \nEEOC v AutoZone 2011  \nWhy essential job functions must be truly essential Sandy v Kroger or EEOC v Kronos 2011  \nEEOC Protests Court Modification of Its Third-Party Subpoena  \nEEOC v Dial Corp  \n52 Women Rejected for Armour jobs because of a strength test, which required the repeated lifting of 35 pounds to a height of 65 inches, discriminated against women, since only approx 40% of female applicants passed the test, while virtually all male applicants passed the test but women had successfully performed the job in the past.  \nEEOC v Dial (cont.)  \n􀂄 The case was based on a charge of discrimination filed by Paula Liles in 2000.  \n􀂄 Liles alleged that she had successfully completed the seven-minute test, but was rejected because she had to, at times, stand on her tiptoes, and that she was told that she had failed because, at 5'2\", she was too short.  \n􀂄 Dial Corp ordered to pay $3.4 M to resolve the“sex discrimination” suit.  \nWhat Went Wrong  \nEEOC v Dial---What Went Wrong  \nTest required 6 lifts per minute / job 1.25 per minute and the height of the lift was greater during the test than actual work.  \nCourt concluded the test was more difficult than the job, thus it did not demonstrate “Content Validity” and lacked empirical data to sufficiently demonstrate it was predictive of job performance.  \nPass / Fail determinations were subjective with out consideration for accommodations or changes to reduce adverse impact.  \nDial also failed to demonstrate a “Business Necessity”  \nIndergard v Georgia Pacific Corp  \n􀂄 Indergard’s employer, Georgia-Pacific Corp., required all employees returning from medical leave to undergo a physical ca","cbCaiqkMA24ax1dc","https://ap.wps.com/l/cbCaiqkMA24ax1dc","pdf",83429,15,1,17,"English","en",105,"# Employment laws\n## Title VII, Age Discrimination Act, and ADA\n## Uniform Guidelines on Employee Selection Procedures (1978)\n# Legal requirements\n## Job relatedness and essential job functions\n## Reasonable accommodation and objective testing\n## Predictive validity and unacceptable substitutes\n# Validation documentation\n## Analysis of physical demands and test battery\n## Pass/fail criteria and accuracy\n# Appropriate industry types\n## Retail, transportation, manufacturing, hospitals, and others\n# Case studies\n## EEOC v Dial Corporation (2005)\n## Indergard v Georgia-Pacific Corp (2010)\n## ADA considerations and court factors\n# What went wrong\n## Content validity, business necessity, and subjective pass/fail","[{\"question\":\"What legal principles govern physical ability tests used for employment decisions?\",\"answer\":\"The material explains that selection procedures must be tied to job-relatedness and essential job functions. Tests should use objective methods, be validated when adverse impact is present, and align with requirements under applicable laws including the ADA.\"},{\"question\":\"What does “validation” mean in this context, and what documentation is required?\",\"answer\":\"Validation refers to proving that the test is appropriate for the job’s physical demands and measures physical abilities in a way that supports job performance. Validation documentation should describe how physical demands were analyzed, detail the test battery, explain measurement links, and show how pass/fail criteria relate to job requirements.\"},{\"question\":\"Why did the test in EEOC v. Dial fail to meet legal standards?\",\"answer\":\"The case analysis states the test was more difficult than the job and did not demonstrate content validity or sufficient empirical data to show it was predictive. It also notes subjective pass/fail decisions without considering accommodations to reduce adverse impact, and failure to demonstrate business necessity.\"}]","Briggs_J - Legal Issues Surrounding Physical Ability Test | PDF",1789758010,43,{"code":4,"msg":5,"data":32},[33,38,43,48,53,58,63,66,71,74,78],{"id":21,"doc_module":4,"doc_module_name":34,"category_name":35,"show_sort_weight":36,"slug":37},"Document","Story & Novel",90,"story-novel",{"id":39,"doc_module":4,"doc_module_name":34,"category_name":40,"show_sort_weight":41,"slug":42},2,"Literature",80,"literature",{"id":44,"doc_module":4,"doc_module_name":34,"category_name":45,"show_sort_weight":46,"slug":47},4,"Exam",70,"exam",{"id":49,"doc_module":4,"doc_module_name":34,"category_name":50,"show_sort_weight":51,"slug":52},5,"Comic",60,"comic",{"id":54,"doc_module":4,"doc_module_name":34,"category_name":55,"show_sort_weight":56,"slug":57},6,"Technology",50,"technology",{"id":59,"doc_module":4,"doc_module_name":34,"category_name":60,"show_sort_weight":61,"slug":62},7,"Healthcare",40,"healthcare",{"id":11,"doc_module":4,"doc_module_name":34,"category_name":12,"show_sort_weight":64,"slug":65},30,"research-report",{"id":67,"doc_module":4,"doc_module_name":34,"category_name":68,"show_sort_weight":69,"slug":70},9,"Religion & Spirituality",20,"religion-spirituality",{"id":69,"doc_module":4,"doc_module_name":34,"category_name":72,"show_sort_weight":69,"slug":73},"World Cup","world-cup",{"id":75,"doc_module":4,"doc_module_name":34,"category_name":76,"show_sort_weight":75,"slug":77},10,"Lifestyle","lifestyle",{"id":79,"doc_module":4,"doc_module_name":34,"category_name":80,"show_sort_weight":49,"slug":81},19,"General","general",{"code":4,"msg":83,"data":84},"ok",{"site_id":25,"language":24,"slug":85,"title":13,"keywords":86,"description":14,"schema_data":87,"social_meta":141,"head_meta":143,"extra_data":145,"updated_unix":29},"briggs_j-legal-issues-surrounding-physical-ability-test","",{"@graph":88,"@context":140},[89,103,123],{"@type":90,"itemListElement":91},"BreadcrumbList",[92,96,98,101],{"item":93,"name":94,"@type":95,"position":21},"https://docshare.wps.com","Home","ListItem",{"item":97,"name":34,"@type":95,"position":39},"https://docshare.wps.com/document/",{"item":99,"name":12,"@type":95,"position":100},"https://docshare.wps.com/document/research-report/",3,{"item":102,"name":13,"@type":95,"position":44},"https://docshare.wps.com/document/briggs_j-legal-issues-surrounding-physical-ability-test/298459/",{"url":102,"name":13,"@type":104,"image":105,"author":110,"headline":13,"publisher":112,"fileFormat":115,"inLanguage":24,"description":14,"dateModified":116,"datePublished":117,"encodingFormat":115,"isAccessibleForFree":118,"interactionStatistic":119},"DigitalDocument",{"url":106,"@type":107,"width":108,"height":109},"https://docshare.wps.com/thumbnails/briggs_j-legal-issues-surrounding-physical-ability-test/298459.png","ImageObject",300,407,{"name":9,"@type":111},"Person",{"url":93,"name":113,"@type":114},"DocShare","Organization","application/pdf","2026-10-19","2026-09-18",true,{"@type":120,"interactionType":121,"userInteractionCount":20},"InteractionCounter",{"@type":122},"ViewAction",{"@type":124,"mainEntity":125},"FAQPage",[126,132,136],{"name":127,"@type":128,"acceptedAnswer":129},"What legal principles govern physical ability tests used for employment decisions?","Question",{"text":130,"@type":131},"The material explains that selection procedures must be tied to job-relatedness and essential job functions. Tests should use objective methods, be validated when adverse impact is present, and align with requirements under applicable laws including the ADA.","Answer",{"name":133,"@type":128,"acceptedAnswer":134},"What does “validation” mean in this context, and what documentation is required?",{"text":135,"@type":131},"Validation refers to proving that the test is appropriate for the job’s physical demands and measures physical abilities in a way that supports job performance. Validation documentation should describe how physical demands were analyzed, detail the test battery, explain measurement links, and show how pass/fail criteria relate to job requirements.",{"name":137,"@type":128,"acceptedAnswer":138},"Why did the test in EEOC v. Dial fail to meet legal standards?",{"text":139,"@type":131},"The case analysis states the test was more difficult than the job and did not demonstrate content validity or sufficient empirical data to show it was predictive. It also notes subjective pass/fail decisions without considering accommodations to reduce adverse impact, and failure to demonstrate business necessity.","https://schema.org",{"og:url":102,"og:type":142,"og:title":13,"og:site_name":113,"og:description":14},"article",{"robots":144,"canonical":102},"index,follow",{"doc_id":7,"site_id":25}]