Re: A few thoughts on rascism / affirmative action
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After noting that Title VII of the Act intended to achieve equality of employment opportunities, the Court held that Duke's standardized testing requirement prevented a disproportionate number of African-American employees from being hired by, and advancing to higher-paying departments within, the company. Neither the high school graduation requirement nor the two aptitude tests was directed or intended to measure an employee's ability to learn or perform a particular job or category of jobs within the company. The Court concluded that the subtle, illegal, purpose of these requirements was to safeguard Duke's long-standing policy of giving job preferences to its white employees.
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The test I was given could easily withstand the criteria of measuring ability for the job. The test I was given was very similar to the one given to NFL players before the draft. Perhaps it is because it is only an evaluation tool, not a requirement. But this test is pretty widespread and was not something that this company invented. I highly doubt, at least in my situation, that employer would have any trouble keeping the test in court.
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