Thanks to the landmark 1971 Griggs vs. Duke Power case, later codified in the 1991 Civil Rights Act, anyone who hires by IQ risks pricey lawsuits. Why? Because IQ tests have a “disparate impact” on black and Hispanic applicants. To escape liability, employers must prove IQ testing is a “business necessity.”68 Since this legal hurdle is nigh insurmountable, employers turn to higher education to “launder” their workers’ IQ scores. As Jonathan Last succinctly states: In Griggs, the Court held that employers could not rely on IQ-type tests if minorities performed relatively poorly on them. . . .
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