Case Study EEOC Vs Dial Corp

Case Study: EEOC v. Dial Corp.

In the case of the Equal Employment Opportunity Commission (EEOC) versus the Dial Corporation, the court ruled that Dial's physical test for employment was in violation of Title VII of the Civil Rights Act of 1964 and therefore the company was guilty of disparate impact.

The case came about when Paula Liles of Fort Madison, Iowa sued Dial, alleging their application test unfairly excluded women from high-paid positions. The test involved carrying 35-pound weights back and forth and lifting the weights to heights of 35 inches and 65 inches. While 95 percent of male applicants passed the test, less than 40 percent of women were able to carry the weight and were therefore considered unqualified for those positions. Before the test was implemented, half of newly hired workers were female.

Dial's defense was that the test was administered for safety. They argued that if an applicant can't carry the weight, he or she will be at risk while working. The court, however, ruled that this was false. While the job of packing sausage meat at the Armour Star Meat Packing plant did require similar tasks, they were easier than the actual test and Dial failed to prove that the test did, in fact, reduce injuries. According to Associate Regional Attorney Jean P. Kamp of the EEOC's regional office, "The fact that women are not strong enough to perform the work at Dial cannot be allowed to disqualify the number of women who can" (2006) [press release].

Liles received over $100,000 in damages. She stated she first brought the case to the attention of the court because she had been involved in physical labor for her entire life, but she still felt she was not being fairly considered for employment at Dial because of her height and sex.

The original lawsuit was picked up by the EEOC and went on to include 52 more women. In the end the women were given positions at Dial and all received back pay.