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Unformatted text preview: essity, the plaintiff
can still prevail by showing there is a less discriminatory alternative. Firefighters, 220
F.3d at 904.
Dial contends the WTS was shown by its experts to have both content and
criterion validity. Under EEOC guidelines, "A content validity study should consist
of data showing that the content of the selection procedure is representative of
important aspects of performance on the job for which the candidates are to be
evaluated." 29 C.F.R. § 1607.5(B). Dial's physiology expert testified that the WTS
was highly representative of the actions required by the job, and Dial claims that his
testimony was not rebutted by EEOC which had no physiology witness. The district
court was persuaded by EEOC's expert in industrial organization and his testimony
"that a crucial aspect of the WTS is more difficult than the sausage making jobs
themselves" and that the average applicant had to perform four times as many lifts as
current employees and had no rest breaks. There was also evidence that in a testing
environment where hiring is contingent upon test performance, applicants tend to
work as fast as possible during the test in order to outperform the competition.
Dial argues the WTS was criterion valid because both overall injuries and
strength related injuries decreased dramatically following the implementation of the 265 WTS. The EEOC guidelines establish that criterion validity can be shown by
-9"empirical data demonstrating that the selection procedure is predictive of or
significantly correlated with important elements of job performance." 29 C.F.R. §
1607.5(B). Although Dial claims that the decrease in injuries shows that the WTS
enabled it to predict which applicants could safely handle the strenuous nature of the
work, the sausage plant injuries started decreasing before the WTS was implemented.
Moreover, the injury rate for women employees was lower than that for men in two
of the three years before Dial implemented the WTS. The evidence did not require
the district court to find that the decrease in injuries resulted from the implementation
of the WTS instead of...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08