7th Circuit Court of Appeals Upholds Firefighter Physical Testing: The Decision Underscores the Importance of Ensuring That Testing Standards Are Tailored for the Requirements of the Position
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on a protected classification. It also prohibits discrimination which occurs as a result of a facially neutral policy or practice that has a disproportionate adverse effect on the members of a protected class. Physical abilities testing for job applicants has been a common source of Title VII litigation under this “disparate impact” theory
