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by gascan 2830 days ago
if I run a tech company and wanted to target "people you are into the Python programming language", that's a group that will likely skew male...

"Yeah, um, we want programmers and I thought targeting people into Python was reasonable." That does sound reasonable. It's not meant as a proxy for gender, but for an interest/skill that is closely related to the job

Ok, I'm not deeply informed on Disparate Impact, but as you just described it, as intent doesn't matter, if your "job listing targeting Python developers" skews male and doesn't pass the 80% test, you're still discriminating & liable right?

1 comments

Job requirements are generally immune from discriminatory impact cases. That is, only someone who otherwise was a fit for the role but was discriminated against has standing to sue.