US EEOC files lawsuit against CSX for allegations of sex discrimination

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HUNTINGTON, W.Va. — The U.S. Equal Employment Opportunity Commission has filed a lawsuit against CSX Transportation alleging the railroad subjects female workers to unlawful physical abilities tests.

In a news release issued by the commission on Friday, it alleges CSX violated federal law by implementing physical abilities that caused a disparate impact on female workers looking for employment at the railroad. The lawsuit alleges hat CSX has conducted isokinetic strength testing as a requirement for workers in various positions.

According to the commission, the strength test, known as the IPCS Biodex, caused a discriminatory impact on female workers seeking positions as train conductors, material handlers, clerks, and several other job positions. The railroad uses the test to determine a person’s upper and lower body muscle strength.

The commission argues that female workers who have taken the test pass at significantly lower rates compared to their male counterparts.

The railroad also reportedly uses two other employment tests, which are used to measure aerobic capacity and a separate method to test arm endurance. The tests, which female workers also passed at significantly lower percentages, are also requirements for certain job positions at the railroad, according to the commission.

The commission argues that CSX declined to hire a class of women workers because they failed these tests, which the commission believes is a practice that is being used to discriminate against women workers.

According to the commission’s complaint, the alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex.

The suit was filed in U.S. District Court for the Southern District of West Virginia in Huntington on Aug. 2 after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

The commission’s lawsuit seeks injunctive relief and court-ordered job instatement as well as monetary payment in the form of past and future lost wages and benefits to the class of female workers allegedly affected by CSX’s testing methods.

Trains
News Wire reached out to CSX in response to the commission’s announcement released on Aug. 2. The railroad had not responded to a comment requests as of Monday, Aug. 7.

See the news release online.

NEWSWIRETrains News Wire

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