Application of Physical Ability Testing to Current Workforce of Transit Employees (2010) / Chapter Skim
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Pages 62-65
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From page 62... ...
Courts will generally scrutinize test validation performed in anticipation of litigation with great care due to the possible lack of objectivity.554 Where such disparate impact occurs, the transit agency must be able to show that the test is job related and consistent with business necessity. (The precise standard that would be applied in case of litigation depends on the transit agency's jurisdiction, but the most conservative approach regardless of jurisdiction would be to design physical ability tests with the intent to comply with the Lanning standard of evaluating the minimum qualifications necessary for the successful performance of the job in question.)
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From page 63... ...
The transit agency should be able to provide specific justification for the requirement -- general allegations about sick leave abuse are not likely to be sufficient. A transit agency may also require a returning employee to undergo a medical examination if there is an objective reason, aside from the fact that the employee took medical leave, that the employee's medical condition will adversely affect the employee's ability to perform essential functions of the employee's job.
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From page 64... ...
. 560 Rather than determining that performing a police officer physical ability test in 90 seconds corresponded to the minimum level of ability required for successful job performance, the City of Erie used a 90 seconds passing standard "because they believed that the City would be requiring a ‘medium' or ‘average' level of physical ability, and that seemed ‘fair' and ‘the best way to go.'" United States v.
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From page 65... ...
Reasonable accommodation: If an individual with a disability requires a reasonable accommodation to take a physical ability test, accommodation should be provided unless the ability being tested is the one for which accommodation would be required. Effect on workforce development: While not a legal issue, the effect on workforce development is obviously a consideration.
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