Koch Trucking’s Strength Test “Discriminates Against Women,” New Lawsuit Alleges

Minneapolis, Minnesota – The U.S. Equal Employment Opportunity Commission (EEOC) has filed another lawsuit against Stan Koch & Sons Trucking alleging the company “discriminates against women truck drivers.”

On Wednesday, the EEOC announced it has filed suit against the Minnesota-based carrier for “violating federal law,” specifically Title VII of the Civil Rights Act of 1964.

According to the EEOC’s lawsuit, Koch’s use of the CRT Test, a strength test developed by Cost Reduction Technologies, Inc., discriminates against women truck drivers because of their sex.

 

The EEOC alleges that the CRT Test disproportionately screens out women who are qualified for truck driver positions at Koch.

This suit is the second such suit filed by the EEOC against Koch this year alleging sex discrimination.

The first was filed in May.

According to that suit, truck driver Alana Nelson filed two allegations with the EEOC against Koch dating back to 2013.

In her first complaint filed in December 2013, Nelson alleged she was fired based on her gender after failing the CRT test.

She also contended an injury suffered on the job in April 2013 contributed to her failing the test.

The trucking company fired Nelson three days after she failed the test, but told her she could re-apply, so that’s what she did in April 2014, according to the EEOC.

 

The suit alleges that Koch responded to Nelson’s application by sending her a letter saying the application was being put on hold because of the pending legal matters with the EEOC.

The suit argues the trucking company’s conduct violates Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination, including retaliation for filing a charge of discrimination with the EEOC.

READ more about that suit HERE.


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The newly filed suit, which also includes Nelson as a complainant, further alleges Koch’s business practices have a “disparate impact on women because of their sex and that are not job-related and consistent with business necessity.”

The EEOC asserts it is “seeking relief for a class of women who were fired because they failed the CRT Test and an injunction preventing Koch from continuing to use the test.”

Commenting on the newly filed suit was Julianne Bowman, the EEOC’s district director in Chicago.

“Employers cannot use a test that disproportionately excludes women unless they have proof that the test is actually related to one’s ability to do the job,” she said.

 

Koch officials have yet to comment on the most recent suit.

However, in response to the first discrimination suit, Koch officials maintained they did nothing wrong and vowed to fight.

Kevin Giebel, a Koch executive vice president and general counsel, said that the company “strongly believes it violated no laws in this matter.”

Transportation Nation Network (TNN) will continue to monitor new developments.

 


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