4 ms·

> a general intelligence test used in hiring that could have a "disparate impact" on applicants of some protected classes must "bear a demonstrable relationship

> a general intelligence test used in hiring that could have a "disparate impact" on applicants of some protected classes must "bear a demonstrable relationship to successful performance of the jobs for which it was used." This part has been revised in practical use all over the country in the last 10 years. If a test shows group-X scoring on average lower than group-Y, this in itself now proves that the test is biased against them (in a racist way). There is no need to link the test's material to performance of a job. That part is irrelevant. http://cnsnews.com/news/article/federal-judge-imposes-racial-quota-fdny-responding-minorities-who-failed-entrance-exams http://cnsnews.com/news/article/federal-judge-imposes-racial... > EXECUTIVE SUMMARY: If you are hiring for any kind of job in the United States, prefer a work-sample test as your hiring procedure. Hence if you are going that direction, you should also consider the possible lawsuits that would happen if your test shows any type of racial differentiation in the grade (for example due to environmental upbringing or cultural values of the testee), even if your test is 100% neutral to race and 100% spot on for job performance.

dfabulich 14y ago
The linked article talks about a government agency (NYC Fire Department) who imposed a written exam for fire fighters; the judge ruled that the exam was discriminatory in results and was not shown (could not be shown) to be related to job performance. That's what made it illegal under Title VII of the Civil Rights Act. You don't have to worry about this if you're a private California software company assigning work-sample tests that are "100% spot on for job performance." Job performance is not linked to race. (If you think that job performance at a software company is linked to race, I recommend that you keep your opinion to yourself. Maybe you can use it to your private advantage! ... or maybe you have racist assumptions.)
- powertower 14y ago
  > The linked article talks about a government agency (NYC Fire Department) who imposed a written exam for fire fighters... Multiple choice question test: A, B, C, D. Not a written test. The word "imposed" is also a bit harsh. It's a test for fireman. Fireman that would be saving my ass in a fire. > the judge ruled that the exam was discriminatory in results and was not shown (could not be shown) to be related to job performance. The city is trying to remove the judge from the case and for his decision to be reversed. You can also view the test for yourself (http://documents.nytimes.com/new-york-city-firefighter-examinations http://documents.nytimes.com/new-york-city-firefighter-exami...) and find out quickly it has everything to do with the duties of a fireman. > If you think that job performance at a software company is linked to race, I recommend that you keep your opinion to yourself. Maybe you can use it to your private advantage! ... or maybe you have racist assumptions. I don't think that. And I shouldn't have to defend myself from being called a racist just because I've entered a discussion that has different races involved (and am white, well, as white as a born-Russian gets). You should also concider how much damage throwing that keyword around can do. My point was that it's no longer necessary to link the testing material to job performance. But only to simply show that test scores are different between the races. And then to be politically correct. This has been the trend we've seen in the last 10 years with these types of lawsuits. There are parts of this country that not only have socio-economic differences between the races that impact the abilities of the individuals, but in some cases have cultures that downright embrace ignorance. If you start testing people for any job that requires a slightly above average ability in those parts, you will get drastically different results in the grade average of the races. This should not be used against the employer.
  - gergles 14y ago
    If the test is correlated to job performance better than other options that do not have disparate impact, it is allowed under the law. FDNY was unable to prove that the test was correlated to job performance (because they didn't ever make that correlation, the test was a cutoff to be considered to be on the force in the first place), which was their undoing.
jeremyjh 14y ago
If you are a small company no one is ever going to get a statistically valid sample size that could demonstrate any bias. They can only discover that data if it were available. If they do a work-performance test on a computer and the results are not kept, and racial/demographic data is not kept about each of the applications and their performance, how can this ever come up? These sorts of concerns really apply mostly to government jobs and large corporations.

dfabulich 14y ago

The linked article talks about a government agency (NYC Fire Department) who imposed a written exam for fire fighters; the judge ruled that the exam was discriminatory in results and was not shown (could not be shown) to be related to job performance. That's what made it illegal under Title VII of the Civil Rights Act. You don't have to worry about this if you're a private California software company assigning work-sample tests that are "100% spot on for job performance." Job performance is not linked to race. (If you think that job performance at a software company is linked to race, I recommend that you keep your opinion to yourself. Maybe you can use it to your private advantage! ... or maybe you have racist assumptions.)

powertower 14y ago
> The linked article talks about a government agency (NYC Fire Department) who imposed a written exam for fire fighters... Multiple choice question test: A, B, C, D. Not a written test. The word "imposed" is also a bit harsh. It's a test for fireman. Fireman that would be saving my ass in a fire. > the judge ruled that the exam was discriminatory in results and was not shown (could not be shown) to be related to job performance. The city is trying to remove the judge from the case and for his decision to be reversed. You can also view the test for yourself (http://documents.nytimes.com/new-york-city-firefighter-examinations http://documents.nytimes.com/new-york-city-firefighter-exami...) and find out quickly it has everything to do with the duties of a fireman. > If you think that job performance at a software company is linked to race, I recommend that you keep your opinion to yourself. Maybe you can use it to your private advantage! ... or maybe you have racist assumptions. I don't think that. And I shouldn't have to defend myself from being called a racist just because I've entered a discussion that has different races involved (and am white, well, as white as a born-Russian gets). You should also concider how much damage throwing that keyword around can do. My point was that it's no longer necessary to link the testing material to job performance. But only to simply show that test scores are different between the races. And then to be politically correct. This has been the trend we've seen in the last 10 years with these types of lawsuits. There are parts of this country that not only have socio-economic differences between the races that impact the abilities of the individuals, but in some cases have cultures that downright embrace ignorance. If you start testing people for any job that requires a slightly above average ability in those parts, you will get drastically different results in the grade average of the races. This should not be used against the employer.
- gergles 14y ago
  If the test is correlated to job performance better than other options that do not have disparate impact, it is allowed under the law. FDNY was unable to prove that the test was correlated to job performance (because they didn't ever make that correlation, the test was a cutoff to be considered to be on the force in the first place), which was their undoing.

jeremyjh 14y ago

If you are a small company no one is ever going to get a statistically valid sample size that could demonstrate any bias. They can only discover that data if it were available. If they do a work-performance test on a computer and the results are not kept, and racial/demographic data is not kept about each of the applications and their performance, how can this ever come up? These sorts of concerns really apply mostly to government jobs and large corporations.