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Fred's CIGNA Scam
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<blockquote data-quote="quadro" data-source="post: 603493" data-attributes="member: 12850"><p>Not sure I follow you. How does it put people at a disadvantage if they can perform the functions? In any event, I wasn't privy to the legal settlement and I'm guessing that you weren't either. In general any pre-employment test that measures abilities to do the job is ok to use. The problem that I believe FedEx ran into was that if you hire someone into the courier job, for example, and they didn't take the BST but still adequately perform the job, you have invalidated the test. At that point it still isn't necessarily discriminatory but the problem is you cannot prove that it isn't. So best course of action is to do away with it. Not sure how that is having your cake and eating it too.</p><p> </p><p></p><p>See above. I don't believe that it was. It was just that people were hired into positions and managers failed to administer the BST thus invalidating it. I think the methodology may have actually been supported by the courts but I'm not sure.</p><p> </p><p></p><p>Actually I do know better. From my own personal observations and experience I see older couriers outperforming younger ones. Not just once or twice but at least as equally as younger ones outperform older ones. There are plenty of 40+ year olds who are just as fit as younger employees and there are plenty of younger employees who are lazy and out of shape.</p><p> </p><p></p><p>Honestly, what I see more often than not is someone using their age as an excuse. As in "I'm older and shouldn't have to work as hard". So again, it's ok for age to be taken into consideration as long as it benefits the employee. Maybe it's just me but I don't think that's fair. Either allow everyone to use age or no one.</p></blockquote><p></p>
[QUOTE="quadro, post: 603493, member: 12850"] Not sure I follow you. How does it put people at a disadvantage if they can perform the functions? In any event, I wasn't privy to the legal settlement and I'm guessing that you weren't either. In general any pre-employment test that measures abilities to do the job is ok to use. The problem that I believe FedEx ran into was that if you hire someone into the courier job, for example, and they didn't take the BST but still adequately perform the job, you have invalidated the test. At that point it still isn't necessarily discriminatory but the problem is you cannot prove that it isn't. So best course of action is to do away with it. Not sure how that is having your cake and eating it too. See above. I don't believe that it was. It was just that people were hired into positions and managers failed to administer the BST thus invalidating it. I think the methodology may have actually been supported by the courts but I'm not sure. Actually I do know better. From my own personal observations and experience I see older couriers outperforming younger ones. Not just once or twice but at least as equally as younger ones outperform older ones. There are plenty of 40+ year olds who are just as fit as younger employees and there are plenty of younger employees who are lazy and out of shape. Honestly, what I see more often than not is someone using their age as an excuse. As in "I'm older and shouldn't have to work as hard". So again, it's ok for age to be taken into consideration as long as it benefits the employee. Maybe it's just me but I don't think that's fair. Either allow everyone to use age or no one. [/QUOTE]
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