Is CSX’s Physical Ability Testing Biased Against Female Workers?

Three types of physical abilities tests used by CSX Transportation to screen job applicants for 38 or more job types deprive women of equal employment opportunities, the federal government alleges in a new nationwide class lawsuit.

The lawsuit raises questions about the sort of physical abilities tests (PATs) employers may permissibly use during the hiring process. The Equal Employment Opportunity Commission, which brought the lawsuit against CSX, has long held the view that such testing is unlawful if it has a disparate impact based on sex—or race, color, religion, or national origin. Eliminating barriers in recruitment and hiring is an ...