Sarah Smith Kuehnel

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Latest Posts › Disparate Impact

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Physical Ability Tests in Focus: Understanding and Validating Testing Procedures

Pre- and post-job offer physical ability tests (PATs) continue to face challenges from the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP) and occasionally private...more

9/25/2019 / Disparate Impact , Equal Employment Opportunity Commission (EEOC) , Job Duties , Law Enforcement , OFCCP , Testing Requirements

Physical Ability Tests: How Employers Can Minimize Their Risks

The Equal Employment Opportunity Commission’s (EEOC) focus on challenging pre-employment testing highlights the importance of carefully validating such tests before implementing them and reexamining existing pre-employment...more

6/19/2018 / Corporate Counsel , Disparate Impact , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Hiring & Firing , Job Applicants , Physical Work Test , Screening Procedures

Unintentional Discrimination? What Every Employer Needs to Know About Disparate Impact Claims

We all know (or should know) that Title VII of the Civil Rights Act and other discrimination laws prohibit intentional discrimination “because of” protected characteristics like race, age, gender, or disability. We can easily...more

5/23/2018 / Civil Rights Act , Discrimination , Disparate Impact , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Race Discrimination , Title VII

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