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by Manuel_D 503 days ago
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.

1 comments

I know that but there is the law and then there is the law in practice. Legal council at companies have been telling them that DEI race quotas was the safe option.