After over a century of psychometric research in cognitive abilities and intelligence, what do we have to show for it? Whose life has actually improved for the better? Have the benefits from such research, if any, outweighed the amount of harm that has already been caused?
> The touchstone is business necessity. If an employment practice which operates to exclude Negroes cannot be shown to be related to job performance, the practice is prohibited.
You're welcome for me educating you.
The Duke Power Company had as many black people in management as the NBA has short players.
Your argument is not even internally consistent.
This heavily implies the opposite:
> If an employment practice which operates to exclude Negroes CAN be shown to be related to job performance, the practice is NOT prohibited.
The problem is you’ve got an indicator that appears to favour white people, and a lack of evidence that the indicator shows anything of relevance to the actual position or job content.
Hypothetically, let’s say you were a racist, a nice easy way to do racist things like “disproportionately hire white people” would be to find some metric which disproportionately favours white people, and then evaluate everyone against that.
If you can prove it’s important for the job, you can discriminate still. For example, a Chinese restaurant can require knowledge of Mandarin, a metric which very likely favours people of Chinese descent. They just have to be able to explain why (e.g.: internal communication is in Mandarin, most of our customers speak Mandarin, etc).