First Thursday

Physical Agility Tests


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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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First ThursdayBy Richard Poulson, LRIS

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