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"Disparate Impact" is not about fairness. It is about non-arbitrariness. Factors that are demonstrably job related for the position in question and consistent w
by lr4444lr 9y ago
"Disparate Impact" is not about fairness. It is about non-arbitrariness. Factors that are demonstrably job related for the position in question and consistent with business necessity are considered a suitable legal defense.
- gxs 9y agoAgree - in this case I don't think it would be hard to find some study somewhere that supports the idea that experienced workers attrition at a higher rate than average when placed in junior positions. You might question the validity of the study, but it appears there is enough information out there to make a case.