Nope, it just has to be shown to be relevant to the requirements of the job.
So you call it an "employment skills assessment," make 80% of it indistinguishable from an IQ test, and add some domain-specific questions related to the industry or the position.
P&G has done this for a long time, among other companies.
As best I can tell 'Judge Wood ruled that an older state-certification test, which was intended to measure teachers’ knowledge of the liberal arts and science, was racially discriminatory.'
Elsewhere I'm seeing "The court found that Black and Latino teachers clearly passed these tests at lower rates than white teachers. In order to prove that this wasn't illegal, the defendants had to show that the test actually demonstrated what it promised: that teachers who did well on the test would do better in their jobs."
It seems to me that the error was using the wrong test and it was the wrong test because it had disparate impact. What it does not appear to be is a case that is not about disparate impact because it instead had errors.
(I'm writing as if I think real IQ tests are a good idea, and they are not --- in fact, that's my whole point: there's a mythology that IQ tests aren't used because they're illegal, but they are not that; what they are is ineffective.)
If men get into traffic accidents more often than women, then clearly there is something wrong with the cars and car manufacturers should be sued for their discrimination?
In the Eastern bloc, agriculture was immensely held back because everybody had to follow the ideology and adjust their science and methods to "I god damned said so!" of the rulers. Seems like America is curious about following the same path.
This has been previously discussed in detail on HN 12 years ago; https://news.ycombinator.com/item?id=2414135 I would suggest that times have changed since then and disparate impact lawsuits are now more likely to prevail in 2024 than in 2012, so the in-effect aspect has increased since then.
I know quite a few CEOs who confide in me that they would rather give IQ tests but do not because of their concerns over legal consequences. Clearly this is anecdotal but this sentiment does seem to be pervasive and extensive and repeated throughout the internet over a long period of time.
It would be helpful if you could list some of these companies that publicly state they give IQ tests. I've only heard about this as a practice at hedge funds and even then it was public knowledge / gossip but not publicly stated.
In my brief search for such companies I came across this; https://nypost.com/2022/03/15/silicon-valley-firm-apologizes... which is a company that has now apologized for giving IQ tests and is being warned about the legal consequences for having them.
My assertion is that IQ tests are already known to have disparate impact and with laws as they are in effect they are illegal. My next assertion is that aptitude tests will suffer the same fate as IQ test because they too will be shown to have disparate impact for the same reasons. That not all such aptitude tests have been sued already under this law does not make them safe from lawsuits as the burden of proof is on the company using them.
You cannot use the absence of lawsuits for a list of companies that you are keeping secret as evidence of absence of legal liability.
There are test prep firms for it much like you’d find for the mcat or gre.
Other info I found on it suggests that it’s easily gamed which is something real IQ tests are designed to be resistant to.
I’m not trying to ‘no true Scotsman’ this but it would be helpful if the company described their test at least as an intelligence test. They seem to describe it more as a personality test; “Discover the PEAK Performance Assessment from Procter & Gamble (P&G) tand get an insight into how your personal profile matches the company's needs.”
My specific focus on IQ tests is to be less opaque alternative to leetcode, the P&G assessment seems to be similarly and perhaps more opaque and thus, for now, confers the same protections from disparate impact lawsuits.
Here is official AON documentation (who also use P&G Switch) on Switch calling it a Deductive Logical Reasoning test.
https://assessment.aon.com/aon.assessment/media/files/factsh...