Trucking Company Uses a Strength Test That Discriminates Against Women Truck Drivers, Federal Agency Charges

MINNEAPOLIS - Stan Koch & Sons Trucking 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, Koch'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 truck driver positions at Koch. This includes the original complainant, who was fired from her job as a truck driver by Koch when she failed the CRT 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. Stan Koch & Sons Trucking, Inc., Civil Action No. 0:19-cv-02148, in U.S. District Court for the District of Minnesota after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC is seeking relief for a class of women who were fired because they failed the CRT Test and an injunction preventing Koch from continuing to use the test.

"Employers cannot use a test that disproportionately excludes women unless they have proof that the test is actually related to one's ability to do the job," said Julianne Bowman, the EEOC's district director in Chicago. "The EEOC is committed to expanding women's access to traditionally male-dominated careers through the removal of unnecessary and discriminatory barriers to employment."

Gregory Gochanour, EEOC's regional attorney in Chicago, added, "It is unfair to deprive qualified women of the opportunity to work in these jobs. The EEOC will continue to enforce federal anti-discrimination laws against employers who use unlawful tests as part of their hiring process."