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E.E.O.C. v. ROCKWELL INTERN. CORP.

Nos. 00-1897, 00-2034.

243 F.3d 1012 (2001)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant/Cross-Appellee, v. ROCKWELL INTERNATIONAL CORP., International Union of United Automobile, Aerospace and Agricultural Implement Workers of America, and Local 1766 of United Automobile, Aerospace and Agricultural Implement Workers of America, Defendants-Appellees, and Cambridge Industries, Inc., Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 8, 2001.

Attorney(s) appearing for the Case

Geoffrey L. Carter (argued), Equal Employment Opportunity Commission, Office of General Counsel, Washington, DC, Gordon Waldron, Equal Employment Opportunity Commission, Chicago, IL, for plaintiff-appellant.

Nina G. Stillman (argued), Vedder, Price Kaufman & Kammholz, Chicago, IL, for Rockwell International Corp.

Melanie LaFave (argued), Jaffe, Raitt, Heuer & Weiss, Detroit, MI, Marsha A. Tolchin, Ungaretti & Harris, Michael B. Erp, Katz, Friedman, Schur & Eagle, Chicago, IL, for Cambridge Industries Inc.

Barbara J. Hillman, Cornfield & Feldman, Chicago, IL, for International Union of United Auto., Aerospace, & Agricultural Implement Workers of America Local 1766.

Before RIPPLE, DIANE P. WOOD, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

Beginning in 1985, the Rockwell International Corporation required all applicants for positions at its plant in Centralia, Illinois, to undergo "nerve conduction tests." The tests were designed, we are told, to confirm the presence of neuropathy — a syndrome characterized by, among other things, sensory loss and muscle weakness. Rockwell hoped the tests would identify job applicants susceptible to cumulative trauma disorders...

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