| > Cite a case I would do better, and point you to the EEOC page covering the applicable regulatory and statute law, which also includes citation to some relevant cases, and entirely supports my description of the disparate impact standards, but since you cited the exact source I would cite, I'll instead just note that our disagreement isn't about authority, it is about application. > Griggs v. Duke Power is what most people claim makes IQ tests not legal, but that's not what the case was about. Correct, it is instead the case that laid out the standards I articulated for disparate impact. > Intelligence is not a protected class. IQ is differently distributed with regard to a number of protected classes (race is most often noted, but gender also, and if using the same test rather than an age-normed test, also age; probably ethnicity, religion, and national origin, too, but statistics on that are harder to find), so virtually any use of IQ tests (or any criteria that very closely correlates with IQ) is almost certainly going to meet the adverse impact prong of disparate impact analysis, requiring the employer to prove business necessity. (This was exactly the issue in Duke Power, which founnd IQ testing unlawful in the particular circumstances because of the absence of proof of business necessity.) > Here's the EEOC list of allowed testing. You need to read more carefully, that's not a list of allowed testing, no such thing exists. That page contains a list of examples of forms of testing, none of which are categorically allowed or prohibited. It also lays out the standards for evaluating disparate impact which I outlined |
When it impacts protected classes.
>unlawful in the particular circumstances because of the absence of proof of business necessity
Yep, and we're discussing jobs where IQ correlates to performance, so once again, do you claim in such jobs IQ testing is not legal? All case law I've read supports using IQ or other cognitive testing in such cases. Do you have a case otherwise? If not, then this entire thread is moot.
We're going around in circles.