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John Hamilton's avatar

Your analysis of the legality of using IQ tests to hire employees is undercooked.

Two cases of the Supreme Court—Griggs v. Duke Power Co. (which you discussed) and Albemarle Paper Co. v. Moody—helped make the use of IQ tests prohibitively expensive. In Albermarle, the Supreme Court applied the relevant EEOC regulations to a company that used the Wonderlic test, the Revised Beta Examination, and the Bennet Mechanical Comprehension Test for hiring:

"The EEOC has issued ‘Guidelines' for employers seeking to determine, through professional validation studies, whether their employment tests are job related. 29 CFR pt. 1607. These Guidelines draw upon and make reference to professional standards of test validation established by the American Psychological Association. The EEOC Guidelines are not administrative regulations promulgated pursuant to formal procedures established by the Congress. But, as this Court has heretofore noted, they do constitute '(t)he administrative interpretation of the Act by the enforcing agency,’ and consequently they are ‘entitled to great deference.’ Griggs v. Duke Power Co., 401 U.S., at 433-34, 91 S.Ct., at 854. See also Espinoza v. Farah Mfg. Co., 414 U.S. 86, 94, 94 S.Ct. 334, 339, 38 L.Ed.2d 287 (1973). Albemarle Paper Co. v. Moody, 422 U.S. 405, 430-31 (1975).

The message of these Guidelines is the same as that of the Griggs case—that discriminatory tests are impermissible unless shown, by professionally acceptable methods, to be ‘predictive of or significantly correlated with important elements of work behavior which comprise or are relevant to the job or jobs for which candidates are being evaluated.’ 29 CFR s 1607.4(c)." [end of Supreme court quote]

The current rules—see 29 CFR section 1607—make using IQ tests for hiring prohibitively expensive, although the regulations allow their use under certain circumstances. Any company that wants to use IQ tests in their hiring process must rigorously test this process and has the burden to prove that the test works. In other words, IQ tests are presumed to cause an “adverse impact” and discriminate in violation of the Civil Rights Act under the current regulations. And if a company fails to meet this burden in court, it could face severe penalties, such as punitive damages. Given that the Court gives “great deference” to these regulations in interpreting the equal employment opportunity provisions of the Civil Rights Act, these regulations are the main hindrance to the adoption of IQ tests in hiring employees.

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Dave's avatar
4dEdited

The military also, basically, hard selects for IQ for any specific role using ASVAB scores:

https://www.mometrix.com/academy/wp-content/uploads/2024/02/United-States-Military-Jobs-and-which-ASVAB-Scores-Qualify.pdf

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