This is an application of the disparate impact doctrine. Even facially neutral policies are considered suspect if they produce results that correlate against protected groups, irrespective of intent.
This doctrine is the basis for much of employment law. It is a significant reason why employers don't administer IQ tests (or equivalents) to screen candidates since ~the 90s.
A common objection to the doctrine is that it leads to unfalsifiable discrimination claims, which is why it seems nonsensical to you.
This doctrine is the basis for much of employment law. It is a significant reason why employers don't administer IQ tests (or equivalents) to screen candidates since ~the 90s.
A common objection to the doctrine is that it leads to unfalsifiable discrimination claims, which is why it seems nonsensical to you.