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by bmh100
3539 days ago
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"Inventing a lawful excuse" is covered under the concept of "disparate impact"[1]. Basically, if an employer ends up discriminating against a protected class indirectly, it is still a violation. This even includes tests that seemed appropriate and in good faith at the time. I remember a story from a college professor where a company had instituted an intelligence test for a certain position. While intelligence was a justifiable qualification for the position, the test itself had an inherent racial bias. The company was therefore forced to find a new means of testing intelligence without a disparate impact. [1]: https://en.wikipedia.org/wiki/Disparate_impact |
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