I’m aware of Griggs v Duke; do you have more modern examples? Note that the Duke case was about a company that was unambiguously racist in the years leading up to the IQ test (ie they had explicit rules forbidding black people from working in some sections of the company), so it’s not surprising that judges will see their implementation of the IQ test the day after the Civil Rights Act was passed as an attempt to continue racist policies under a different name.
“I’ve never had issue before” is not a legal argument.
But it is a Bayesian argument for how likely you are to get in legal trouble. Big companies are famously risk-averse.
“The military, post office, and other government agencies get away with it under the doctrine of sovereign immunity”
Usually the government bureaucracy cares more than the private sector about being racist or perceived as racist, not less. It’s also easier for governments to create rules for their own employees than in the private sector, see eg US Army integration in 1948.
Also the NFL use IQ-test-like things for their football players, and the NFL is a) not a government agency, and b) extremely prominent, so unlikely to fly under the radar.
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I’m aware of Griggs v Duke; do you have more modern examples? Note that the Duke case was about a company that was unambiguously racist in the years leading up to the IQ test (ie they had explicit rules forbidding black people from working in some sections of the company), so it’s not surprising that judges will see their implementation of the IQ test the day after the Civil Rights Act was passed as an attempt to continue racist policies under a different name.
But it is a Bayesian argument for how likely you are to get in legal trouble. Big companies are famously risk-averse.
Usually the government bureaucracy cares more than the private sector about being racist or perceived as racist, not less. It’s also easier for governments to create rules for their own employees than in the private sector, see eg US Army integration in 1948.
Also the NFL use IQ-test-like things for their football players, and the NFL is a) not a government agency, and b) extremely prominent, so unlikely to fly under the radar.