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EEOC hits FedEx with broad subpoena
June 07, 2006 by Ross Runkel at LawMemo
EEOC is investigating FedEx on charges of a pattern and practice of discriminating against African-Americans and Latinos in promotion.
FedEx refused to comply with an administrative subpoena, and EEOC has gone to court to enforce the subpoena. Details in the EEOC press release - EEOC Investigating FedEx on Charges of Companywide Race, National Origin Discrimination.
The claim against FedEx is that it uses a cognitive ability test known as a Basic Skills Test for promotion from the entry-level position of handler to positions of customer service agent, ramp transporter driver, or courier.
The claim is that this test has an adverse impact on African-Americans and Latinos, and discriminates against them in violation of Title VII.
Claims like this require complex statistical evidence, much of which must come from the employer's own records. See Disparate impact #20 from Employment Law 101.
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