EEOC v. Dial Corporation
United States Court of Appeals for the Eighth Circuit
469 F.3d 735 (8th Cir. 2006)
Dial Corporation (defendant) had men and women working identically in its physically demanding meat-packing area for years, until it introduced a strength test in 2000 requiring applicants to lift 35-pound bars onto a platform, scored by an occupational therapist and nurse who evidence suggested sometimes marked passing women as having failed. After the test's introduction, new female hires dropped from 46% to 15%, and by 2002 only 8% of female applicants passed compared to 97% of male applicants. The EEOC (plaintiff) sued on behalf of 54 rejected women, alleging both intentional discrimination and unlawful disparate impact under Title VII; a jury found intentional discrimination, and the district court separately found the test caused an unrebutted disparate impact, awarding damages, back pay, and benefits. Dial appealed both findings.
Whether statistical data, combined with other evidence, may be used to prove both disparate treatment and disparate impact discrimination under Title VII.