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by Manuel_D
503 days ago
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Actually, it's still illegal to engage in discrimination even if it's done to avoid disparate impact liability: https://en.m.wikipedia.org/wiki/Ricci_v._DeStefano 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. |
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