Correct
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Replying to @webdevMason @orthonormalist
To do this I think most companies are happy writing "4 year degree required" even when its clearly not, because: * it shifts any disparate impact claims onto another entity * terrible/funny plus that instead of hiring departments paying for it, they make the employee pay for it!
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If you could devise a system like that, which crucially shifts the blame of any complaints lodged at it, then you might have gold!
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Replying to @simonsarris @orthonormalist
Yep, the definition of goldmine is "a lot of people/businesses would really want that" + "that'd be very difficult to pull off"
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Replying to @webdevMason @simonsarris
I think the risk you run is that the Supreme Court deciding (especially if this -succeeded- which a 'goldmine' would by definition) "Nope, this is still adverse impact".
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Replying to @orthonormalist @simonsarris
I still think I haven't made my point — the Supreme Court CAN'T do that until there are extant legal grounds for someone to sue a LinkedInesque product for consensually hosting applicants' info
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Replying to @webdevMason @simonsarris
If the goal is to bring it to the Supreme Court, that's not a terrible goal--as long as people realize it may very well not get the desired outcome.
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Replying to @orthonormalist @simonsarris
I'm curious what makes you so confident this would happen? Pressure from the College Board, or what?
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Replying to @webdevMason @simonsarris
This is entirely about preserving the egalitarian dream of the Civil Rights Act
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Replying to @orthonormalist @simonsarris
That's a joke, right? You do realize that employers are just using costly, gameable proxies instead?
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I'm sorry, the idea that using IQ scores to filter hires is *less* fair than the status quo is utterly mad
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Replying to @webdevMason @simonsarris
I am not on the Supreme Court nor the arbiter of American liberal civic religion. I agree it is insane.
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But it's not just a matter of finding a hole in the system. The point of these rulings is disparate impact. If you find a hole that doesn't fix that or can be used to cause disparate impact you're going to get smacked unless they overturn that part of the CRA.
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End of conversation
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