CSX Transportation recently agreed to pay a $3.2 million settlement to settle a lawsuit after it was accused of “administering physical capability tests that prevented women from being hired for certain jobs.” CSX is a company that supplies rail-based freight transportation throughout the United States and Canada. A leader in the industry, the Jacksonville, Florida-based company “operates more than 21,000 miles of track in 23 Eastern states, including West Virginia and Kentucky, and two Canadian provinces.”The gender discrimination lawsuit was filed by the U.S. Equal Employment Commission (EEOC) on behalf of women in more than “20 states who were denied jobs with the company because of the physical test.” By agreeing to the settlement, CSX will pay for lost wages and benefits to the women involved in the lawsuit. Additionally, according to the consent decree handed down on earlier this week on Tuesday, CSX will have to “stop administering the 'IPCS Biodex' test and retain expert consultants to conduct scientific studies before adopting certain types of physical abilities testing programs in its hiring process.”The lawsuit itself was filed against CSX last year and accused officials working at CSX Transportation in Huntington of “engaging in unlawful employment practices that discriminate against women in violation of Title VII of the Civil Rights Act of 1964.” For example, one of the women included in the lawsuit, Amanda Hutchinson, was granted a position at CSX, but was later “excluded due to her performance in the physical capability test that CSX required for employment at that facility.”

CSX Logo; image courtesy of CSX Transportation via Wikimedia Commons, https://commons.wikimedia.org

In addition to the physical capability test, CSX officials were also accused of administering a “3-minute step test to measure aerobic ability and an arm endurance test that previously was discontinued.” According to the suit, the tests were used in many different positions, including “conductor, entry-level signal maintainer, track worker, car worker and various utility positions.”The commission determined the tests unfairly favored men because “men had a significantly higher pass rate for the tests than women.” As a result, the tests caused “an unlawful discriminatory effect on female workers.”However, it's important to note that the commission found no instances of “intentional discrimination by CSX.” When commenting on the case, EEOC District Director Jamie R. Williamson said:“The EEOC will continue to carefully examine employer testing and screening practices to identify those that operate as systemic barriers to employment based on protected characteristics. Workers who believe they are being subjected to the discriminatory effects of such practices should bring them to the attention of the EEOC.”

Sources:

CSX settles discrimination lawsuit for $3.2 millionCSX settles sex bias lawsuit over use of tests