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PaperclipPerfector  1yr ago (text post)   32276 thread views

Culture War Roundup for the week of July 17, 2023

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The city seemingly agreed to stop fighting the case when DeBlasio set aside the $2bn for compensation. That was at least in part for ideological reasons since it seems unclear why the city couldn’t have appealed to a higher level court - as someone else said, current SCOTUS might well rule all these aptitude tests universally acceptable

  1. The trial court verdict on the issue of whether the tests were discriminatory was in 2012. Gulino v. Bd. of Educ. of City School Dist. of NY, 907 F. Supp. 2d 492 (SD New York 2012). That was during the Bloomberg Administration. DeBlasio took office in 2014.

  2. The DeBlasio administration appealed the damages award in 2019. See timeline here

As noted in the current version of the Post article, the City initially prevailed in 2003, but the decision was reversed in part on appeal. As described by the trial court in 2012: "In 2003, after five month bench trial, Judge Motley entered judgment in favor of the Board and SED, finding that their use of the Core Battery exam and the LAST did not violate Title VII. In 2006, the Second Circuit Court of Appeals vacated the District Court's judgment with respect to the LAST, and remanded the case."

As for g being correlated with everything, that might well be true, but is it legally relevant? Because this is how the court described the governing law in 2012:

Under Title VII, an exam is job related — a statutory defense for an employer using an exam with a disparate impact — if it has been properly validated. Validation requires showing, "by professionally acceptable methods, [that the exam is] `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.'" Gulino IV, 460 F.3d at 383 (quoting Albemarle Paper, 422 U.S. at 431, 95 S.Ct. 2362).

The Second Circuit uses a five-part test for determining whether a content-related employment exam, such as the LAST, has been properly validated and is thus job related for the purposes of Title VII: (1) the test-makers must have conducted a suitable job analysis; (2) the test-makers must have used reasonable competence in constructing the test; (3) the content of the test must be related to the content of the job; (4) the content of the test must be representative of the content of the job; and (5) there must be a scoring system that usefully selects those applicants who can better perform the job. Guardians, 630 F.2d at 95; see also Gulino IV, 460 F.3d at 384.[13] The first two elements of this test concern the quality of the test's development. Guardians, 630 F.2d at 95. These parts are "particularly crucial" because "validity is determined by a set of operations, and one evaluates ... validity by the thoroughness and care with which these operations have been conducted." Id. at 95 n. 14 (internal citation and quotation omitted). The last three factors establish standards that that an exam, "as produced and used, must be shown to have met." Id. The "essence of content validation" is in the third requirement: "that the content of the test be related to the content of the job." M.O.C.H.A. Soc'y, Inc. v. City of Buffalo, No. 98 Civ. 99, 2009 WL 604898, at *14-15 (S.D.N.Y. Mar. 9, 2009) (Curtin, J.) ("M.O.C.H.A. Soc'y I"), aff'd, 689 F.3d 263 (2d Cir.2012).

Honestly, the argument that the City rolled over on a case that was filed in 1996 but not settled until 2023 is difficult to take seriously unless there is a ton of evidence marshaled in its favor.

(1) the test-makers must have conducted a suitable job analysis; (2) the test-makers must have used reasonable competence in constructing the test; (3) the content of the test must be related to the content of the job; (4) the content of the test must be representative of the content of the job; and (5) there must be a scoring system that usefully selects those applicants who can better perform the job.

All of these are applicable to generic IQ tests (verbal and spatial skills are fully representative of a lot of work eg. teachers or really anyone with a job that involves words/numbers/metrics can do).

But the test was not a generic IQ test, was it? The complaint was about a specific test. The issue is whether that test meets the criteria, not whether a generic IQ test would have.

In fact, the plaintiffs originally challenged two tests, but prevailed only re one of them. The other one apparently met the criteria.

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