It might help to taboo what we mean by “business need”. Does it mean, “probably won’t go out of business next year if I don’t do this”, in that case it is likely that I don’t have a “business need” not to hire completely unqualified people as long as the rest can fill up the slack.
On the other hand, if “business need” means “this will make my business run better”, then as Lumifer pointed out, it just happens that business runs better with smart people than with stupid people.
Are you being serious? Did you notice how you went from “business need” to “like to hire smart people” to “prefer high-IQ”?
Yes, I am. I do not have a legally demonstratable business need (that’s why I said it’s a straightforward case). It just happens that business runs better with smart people than with stupid people. Therefore I prefer to hire smart people and in this context “high-IQ” is a synonym of “smart”.
The outcome is clearly illegal under the disparate impact doctrine.
I am not sure what your position is here. That my desire to hire smart people is mistaken? That my ability to identify smart people is not be trusted?
I don’t have a clue who ‘you’ are. For the firefighting department we started with, I challenge both inferences. And I’m baffled at having to spell this out.
In this subthread “I” means a fictional business manager in a hypothetical situation. Specifically, that manager wants to hire smart people and runs head-first into a disparate impact case.
And I’m baffled at having to spell this out.
Perhaps you should consider that other people think differently than you and often start from different assumptions, too.
Are you being serious? Did you notice how you went from “business need” to “like to hire smart people” to “prefer high-IQ”?
It might help to taboo what we mean by “business need”. Does it mean, “probably won’t go out of business next year if I don’t do this”, in that case it is likely that I don’t have a “business need” not to hire completely unqualified people as long as the rest can fill up the slack.
On the other hand, if “business need” means “this will make my business run better”, then as Lumifer pointed out, it just happens that business runs better with smart people than with stupid people.
Yes, I am. I do not have a legally demonstratable business need (that’s why I said it’s a straightforward case). It just happens that business runs better with smart people than with stupid people. Therefore I prefer to hire smart people and in this context “high-IQ” is a synonym of “smart”.
The outcome is clearly illegal under the disparate impact doctrine.
I am not sure what your position is here. That my desire to hire smart people is mistaken? That my ability to identify smart people is not be trusted?
I don’t have a clue who ‘you’ are. For the firefighting department we started with, I challenge both inferences. And I’m baffled at having to spell this out.
In this subthread “I” means a fictional business manager in a hypothetical situation. Specifically, that manager wants to hire smart people and runs head-first into a disparate impact case.
Perhaps you should consider that other people think differently than you and often start from different assumptions, too.