EEOC Investigates Potential Nationwide Test Discrimination At FedEx
In a recent press release, EEOC announced some interesting turns in an investigation of FedEx’s promotion policies. One interesting turn involves the refusal by FedEx to comply with a subpoena to provide files and therefore EEOC has asked the U.S. District Court for the District of Arizona to order FedEx Corporation to explain the failure to comply with an administrative subpoena.
Being a non-lawyer, what is of far more interest to me is that apparently FedEx has used a test used to make promotions from ” the entry-level position of handler to positions of customer service agent, ramp transporter driver, or courier…” The charge is that the test creates disparate impact against minorities.
Given the potential number of people affected by the test, and given the need for a validation study to support the job relatedness of such a test, I wonder whether FedEx will be able to meet its burden that the test is “job related for the position in question and consistent with business necessity.”
This could be an interesting case, which involves a lot of costs on both sides. Go here to read the press release from EEOC on FedEx on the test.