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Of course, but legal risks make things weird. If a company gives a test, and there exists a protected group that does less well on the test, then discriminator
by burfog 9y ago
Of course, but legal risks make things weird.
If a company gives a test, and there exists a protected group that does less well on the test, then discriminatory intent can be presumed. It is certainly legal to give such a test, but some valid connection to the job requirements would need to be shown. Proving that in court is probably more trouble than the test is worth.
Employers don't seem to get in trouble for requiring a degree though, or even for preferring a degree from a fancy institution, despite the fact that entering a degree program usually requires a test such as the SAT or ACT.
So that is the workaround for avoiding legal trouble: demand an unnecessary degree in order to filter by test score without directly demanding a test score. It's kind of like money laundering, but for test scores. Colleges make out very well in this deal.
- jessriedel 9y agoThe constitutional "disparate impact" constraints regarding protected groups you're referring to don't apply to businesses in Europe, who don't seem to use cognitive ability tests that much more frequently http://econlog.econlib.org/archives/2013/07/three_big_facts.html http://econlog.econlib.org/archives/2013/07/three_big_facts....