Not even brain teasers or IQ. Just: can applicant FizzBuzz? Verboten!
This is how, in a mass job application world, enterprises end up with >80% of coders, all making 6 figures, that can't FizzBuzz.
A hack to get the enterprise to assess is find the third party SWE test providers to big brand logos the board recognize, brands under the same risk governance / regulatory regimes, and ask "what do we know they don't?" First, the board know and respect those brands. Second, the question makes the board consider what they think about those in charge of the failing capabilities internally. This is something now both easy for the board to discuss, and obviously done by good references. Ok, let's try empirical evals.
Countless such broken record warranting beliefs clanging around 100k employee enterprises. McKinsey, BCG, PWC, KPMG -- all they need to do to justify 8 figure bill for the year is undo any one of them.
"This is literally a Title VII violation."
Griggs v. Duke Power Co. held that "The [Civil Rights] Act [of 1964] does not preclude the use of testing or measuring procedures, but it does proscribe giving them controlling force unless they are demonstrably a reasonable measure of job performance."
Why do you believe that prior documentation is required, and that the absence of such documentation would make the testing illegal?
Check his blog and find out. I particularly enjoyed the part where the best way to improve public transport is to keep poor people out, not to increase frequency.
His suggestions for improving public transport are not relevant to this discussion.
EDIT: Hang on, I decided to just test the idea with the usual suspects and I don't see how you could design this in a way that works. You'd need some kind of non-contaminated testable outcome - lines of code etc. don't work - that is considered job performance which is scientifically validated in order to be able to survive the litigation that would follow the test.
I suppose the part that was wrong was that I claimed you can't run an IQ test. That's not true. You can. It just legally exposes you to a paperwork burden involving proof that it is required for job functionality - proof which you'll almost certainly fail because software engineer productivity isn't mechanically solved yet.
Is that the distinction? Listen, I've read your stuff and generally trust you and in any case I'm open to having my mind changed on this subject, but it seems like the actual thing is "Possible, but if you do it, you're going to find yourself in a massive paperwork and legal headache".
But I'm not aware of any evidence showing that is true.
And, even if it were true in the past, it seems that the DOJ believes that was based on a misinterpretation of the law. So it is less likely be true since June 2026: https://www.justice.gov/olc/media/1444871/dl
(The CEO doing the testing wasn't Japanese though - maybe Russian at a guess.)
The reason more companies don't do this is that the tests don't work well for this purpose.
and the provider is https://www.shl.com/
I took the practice test to completion that PWC recommends and just to give people an idea of these cognitive tests. It was a series of questions that went:
> Which statement describes you best?
> 1. I usually make decisions only after I have collected all relevant information.
> 2. I usually think of all factors when I am trying to understand a business issue.
> 3. I change my interaction style based on the personality of whom I am speaking to.
With a warning when you "go too fast". The test is supposed to take 16 minutes but finishes quite fast. I must imagine that these cannot be the only category. It also wasn't even clear how someone takes one of these to practice since it's impossible to get 'better' on them. There is no evaluation provided at the end. So one must conclude that 'practice' involves 'gaining familiarity with the testing system'.
Presumably the psychometric tests are wordsum, shape rotation, something numeric, but I couldn't find one for free to look at without applying so I'm content to just accept that it exists and move on with my life.