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Not exactly, as per your link: > ...an unjustified adverse impact on members of a protected class... Requiring doctors to have an MD is going to have a dispar
by Manuel_D 3y ago
Not exactly, as per your link:
> ...an unjustified adverse impact on members of a protected class...
Requiring doctors to have an MD is going to have a disparate impact on all sorts of factors, including protected classes. Likewise, an anonymized leetcode question isn't going to pass candidates uniformly across identities. But there's a pretty strong case that the use of such measures is justified.
Prioritizing candidates with a referral might be argued to be a disparate impact without justification, and that's somewhere there might be a stronger case but it's not so clear cut.
- SenAnder 3y agoNotably, "justification" is an affirmative defense (they don't have to prove you were unjustified - you have to prove you were justified. Guilty until proven innocent, in other words), and in practice must meet a very high bar - e.g. Griggs v. Duke Power Co., that started all this, ruled that an IQ test for management positions is not justified. More recently, a test for teachers where Whites had a higher pass rate than Blacks or Latinos (no word on Asians) was also ruled unjustified: https://www.wsj.com/articles/black-latino-teachers-collecting-835-million-in-discrimination-lawsuit-11657800508 https://www.wsj.com/articles/black-latino-teachers-collectin...
- Manuel_D 3y agoA controversial ruling, especially given how prevalent exams are for employment: MD, JD for lawyers, heck even a bachelor's degree is a disparate impact. Notably, one of the lawyers who helped overturn Brown vs Board of Education (now a judge) ruled in favor of New York in a lower court: https://www.newyorker.com/news/annals-of-education/the-teachers-who-oppose-tests https://www.newyorker.com/news/annals-of-education/the-teach...