Equal Employment Opportunity Commission, Appellee/cross-Appellant v. Dial Corporation, Appellant/cross-Appellee

MURPHY, Circuit Judge.

The Equal Employment Opportunity Commission (EEOC) brought this sex discrimination action against The Dial Corporation under Title VII of the Civil Rights Act of 1964 on behalf of a number of women who had applied for work but were not hired. A jury found that Dial had engaged in a pattern or practice of intentional discrimination against women and awarded compensatory damages, and the district court 1 concluded that Dial’s use of a preemployment strength test had an unlawful disparate impact on female applicants and awarded back pay and benefits. Dial appeals from the…