Physical Agility Tests

Will interviews Rae Gross and Sarah Kuehnel of the management-side law firm Ogletree Deakins about physical agility tests (PATs). Using a recent blog post on the topic the two attorneys authored as a starting point, the discussion includes the following topics:

• Why is it that PATs can raise issues under federal law (Title VII, the ADA, the ADEA, the EEOC, and the Office of Federal Contract Compliance Programs)?
• The types of allegations we generally see when a PAT is challenged.
• Disparate impact vs. disparate treatment.
• The 80% rule.
• How an employer proves job relatedness.
• The types of PATs used in the public safety world.
• The role of the ADA and ADEA in PATs.

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