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.
Re:NSF starts vetting all grants to comply with executive or...
by cjbgkagh on Friday January 31, 2025 @10:56PM
(#42895498)
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.
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.