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by cjbgkagh
500 days ago
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DEI is a way to avoid disparate impact liability. Such laws / precedent is derived from the Civil Rights Act (VII). So it is quite the opposite. It also means that disparate impact liability will return without DEI / race quotas so unless the new administration also gets rid of disparate impact and the civil rights act this whole thing will end up right back where it started. |
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This is why disparate impact tends to cause institutions to drop skills based testing entirely. In theory, proof that the test is relevant to the job is supposed to be a defense against allegations of disparate impact. But in practice the courts have rarely accepted that line of defense.