Disparate impact jurisprudence does https://www.nationalaffairs.com/publications/detail/the-dead-end-of-disparate-impact https://www.nationalaffairs.com/publica

Disparate impact jurisprudence does https://www.nationalaffairs.com/publications/detail/the-dead-end-of-disparate-impact https://www.nationalaffairs.com/publications/detail/the-dead... "Despite this assertion, the development of the Griggs doctrine has proved anything but friendly to meritocratic objectives. Although the Supreme Court has never held that all workplaces must be racially balanced, lower courts and the Equal Employment Opportunity Commission (EEOC), which is charged with administering Title VII, have firmly embraced the presumption that the racial profiles of particular workplaces should reflect the racial composition of the broader population." "Recently, prompted by the racially adverse impact of measures of verbal and abstract analysis — areas in which some minority groups underperform — experts have also developed alternative instruments that employ audio or video techniques, or that make use of so-called "assessment center" protocols based on job simulations, real-time problem solving, or actual work samples." "Although few disparate-impact lawsuits are actually filed, and though defendants win most of those that are, the specter of disparate-impact lawsuits nonetheless dangles like a Sword of Damocles over employers' heads. The prospect of onerous, unpredictable, and protracted litigation provides employers with a strong incentive to find some way to avoid being sued. One temptation is to satisfy diversity targets by relaxing personnel-selection standards across the board. Firms can also switch to more haphazard staffing methods that tend to obscure informal affirmative action or other race-conscious practices. Some of these tactics pose the risk of yielding a less effective work force, while others (such as the use of race-based criteria) are legally suspect or even expressly forbidden under Title VII."