Unlikely to get in front of a jury.
https://www.google.com/url?sa=t&sou...FjABegQIBxAB&usg=AOvVaw3ld33p93hmU_xAbCZjd7ad
Physical tests
Discussion in 'Questions From New Drivers' started by doireann, Apr 27, 2018.
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450 pound fat dudes do this job every day so fitness is obviously not necessary for the job. The only time I have ever had to use a lot of strength in this job is when I had to use a 1990s trailer with the tandem mechanism rusted shut. A petite woman would not of been able to free that mechanism nor should she have to. This is an accommodation that could easily be done by the company with purchasing newer equipment with air actuated pin retraction. The woman that wrote this article is obviously employed by a company administering strength tests. I’m telling you right now the days of these tests are numbered. If you don’t wanna believe that fine but it’s just a matter of time before someone ends up suing your company and your compay’s attorney will have to demonstrate how these arbitrary strength tests directly relate to performance of the job. Good luck with that if I am on the jury.
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What they really should do is present you with a soda can loaded on the floor of your trailer using slipsheet technology.
You are to unload all 46000 pounds of soda, a couple caeses at a time onto pallets in 5 hours or less
by hand. Preferably after waiting in that situation about 3hours. And no lunch.
Then they will go over your cardio and vital signs at the end of your labor. If you are in good fitness you will not have too much trouble recovering. If somehow you display certain symptoms and cannot recover from that of work well, how are then you are expected to success at work?gentleroger Thanks this. -
What you don't seem to understand is these tests are not only protected by law they are ENCOURAGED by it. A gender discrimination suit agaisnt the pws will never make it past summary judgment.x1Heavy Thanks this.
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It won’t just be gender, it will also be age and disability discrimination. Your strength test has a very spurious correlation to the ability to perform the job. It’s real purpose is to lower your workman’s comp rates and allow your company to continue to use ancient trailers with rusted mechanical tandem release mechanisms.
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I appreciate the explanation.
I never thought gender was a problem in this industry, the women did just as well as the men most of the time if not sometime better.
Women have the power concentrated in the legs and hips for child bearing purposes while the men have it higher up to bring in the dinner after they shoot it.
I think I'll stop talking, if I wanted to say something more about those tests versus the courts and so on, I might get into trouble i cannot get out of.
Trucking is the one thing that allowed me to accept that anyone can do the work if they are fit to do it. (Heart, breathing and so on) -
Once again, you'll have to change the law FIRST before any lawsuit against our PWS will get past summary judgement.
The ADA and Physical Abilities Testing: What You Need to Know
Pre-Employment Physical Abilities Testing: The Devil's in the Details
Also, 100 pounds of pulling force is BELOW what the average female can do,by roughly 1/3.
Ergonomics
And again "There is almost no discernible disparate impact on women. If you compare the number of females who failed the pws to the total number hired you will find that the female fail rate is lower than the male fail rate." So if we bring 100 people into orientation, 80 male and 20 female (female applicants are almost assured of being offered an orientation slot, despite having backgrounds that would disqualify a male), and 10 (8 men, 2 women) them fail the pws screen - the failure rate is the same, thus there is no discrimination. If you look at overall "pass rate" of the entire orientation process females are statically more likely to pass then their male counterparts. In other words if you believed that there was some kind of gender bias going on, statistically it would be in your interest to be female, at least for my company. -
If you want equal rights, want to be treated equal, want everything to be equal... then st*u and hit the gym!
Plenty of women can do a 100lb pull, and they don’t need to be roid filled muscle heads either. Use your arms for more than pointing fingers and lifting burgers.
Equailty=good for the goose, good for the gander.gentleroger Thanks this. -
Pretty much when they saw a female applicant, one male interviewer nudged another...and ta-da! the old 100 pound rope test gets brought out. Works every time.
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I disagree. We need more women truck drivers, not fewer.daniphoenix Thanks this.
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