Physical Standards for Employment and the Courts

This article reviews the case law established by court decisions involving the use of physical standards and physical tests for employee selection. Specifically, the article discusses testing precedents and proofs necessary to demonstrate and rebut prima facie discrimination. It analyzes cases involving lifting requirements, physical stature, and physical tests for employment and identifies trends within each type of case. The article highlights potential areas of future litigation involving physical tests for employee selection based on recent court decisions.