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    First off, it's not expected that all members are self-professed libertarians. This isn't a safe space for libertarians. This [i]is[/i] a place where people can discuss any topics that may pertain to liberty or natural rights. Topics for discussion range wide, and that's understood, but it's requested that you leave all [i]entirely[/i] unrelated topics at the door. This is an escape from low-quality and childish posts, hopefully.

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originally posted in:Liberty Hub
7/6/2016 5:32:13 AM
57

It is illegal to require an IQ test for job applications...

Griggs v. Duke Power Company The Supreme Court decided in 1971 that requiring job applicants to take IQ tests (or any test that can't be shown to measure skill related to the job) violated Title VII of the 1964 Civil Rights Act. The idea (back then, at least) was that these IQ tests were hampering the ability of black Americans to find employment, since they were routinely scoring lower on these tests than other applicants. In the name of "fairness," the state declared that handing these tests to applicants was illegal. Frankly, this is ridiculous. A business owner ought to be free to set any standards that they please. A potential employer should be able to ask me to juggle bowling balls, and if I fail, he ought to be able to refuse to hire me. We have to recognize that people own their businesses (since we recognize that they already own their property and their labor), and that they ought to be free to associate with whom they please. If a business owner only wants to associate with bowling ball jugglers, that's his right. The issue is similar to the now-cliche situation where a Christian baker is asked to bake a gay wedding cake. The Christian ought to be able to refuse service to whomever he pleases - that's his right. Conversely, a gay baker could refuse to bake a cake for a Muslim family. The reason doesn't even need to be justified by creed. The Christian baker could refuse service to another Christian on the grounds that he doesn't like the way that the potential customer dressed himself. The simple truth is that people exercise authority over their own businesses (or they should be able to, ideally). With that authority comes the freedom of association. Hiring processes are the same way - people ought to be able to set any standards that they wish. Agree? Disagree? Or perhaps you just want to drop a short, pithy rebuttal with an insulting remark at the end? Let's get a discussion going.

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  • Edited by FoMan123: 7/7/2016 6:33:54 AM
    You're misinterpreting the Court's ruling here. It is not illegal to administer an IQ test [i]if having a high score on an IQ test is a bona fide occupational qualification[/i] to succeed at the job. In this case, Duke Power Company failed to show that applicants who scored higher on IQ tests were more likely to succeed on the job. At the same time, the IQ test had a disproportionately negative effect on a protected group (race) under Title VII. This meant that the IQ test was being used as a loophole to get around Civil Rights laws, not as a way to find and hire great employees. If a high IQ score were a bona fide occupational qualification (for example if it were required for a job helping to design IQ tests), it would have almost certainly been fine. However, corporations in the U.S. following the Civil Rights movement had a long and dirty history of looking for loopholes to get around Civil Rights laws -- your "freedom of association" ideal is noble and generally true, but simply fails to meet the balancing test when you're balancing that right against massive, systemic, and widespread discrimination by people in power (i.e., business executives) against entire groups of people based simply on their race, gender, religion, nationality, disability, or other factors that have absolutely nothing to do with whether or not they can do the job. However, it is important to note that [b]this entire debate is probably moot[/b]. Your example about a simple small business owner who only wants to associate with people who can juggle bowling balls is poignant, but not applicable here. Title VII is a federal law, and by statute applies only to companies with more than 15 employees -- i.e., medium and large corporations, not your offered image of a simple, small mom-and-pop shop with one or two partners or proprietors with some quirky eccentricities. Subject to state laws, of course, most small businesses have far fewer regulations on hiring practices for exactly the kinds of touchy feely reasons you're putting forth here. If a small business owner wants the freedom to eccentrically hire employees based on pointless and inapplicable criteria, that's probably okay, but he or she loses that privilege if they want to grow into a larger corporation. Seems like a fair tradeoff. FYI, not looking to get into a political or civil rights debate here, just wanted to correct an obvious misinterpretation of this case and federal case law. Do with this information what you will.

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