Analyze selection-rate disparities by protected group: What is the most direct missing control for this
A neutral test can create disparate impact; selection-rate analysis is the direct missing control before drawing legal conclusions.
The question
Under US employment-selection law, a facially neutral screening model produces lower selection rates for one protected group. Job relatedness, business necessity, accommodation procedures, and intent-neutral administration are already documented. What is the most direct missing control for this employment-screening evidence?
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- Seek evidence of intentional differential treatment.Intent evidence addresses disparate treatment, but the stated evidence primarily presents a possible disparate-impact pattern requiring outcome analysis.
- Analyze selection-rate disparities by protected group. ✓Comparing selection rates directly tests whether the neutral procedure disproportionately excludes a protected group, triggering focused investigation and assessment.
- Replace the model with a manually administered screening process.Manual administration changes the tool but does not establish whether the existing neutral procedure creates disproportionate exclusion.
- Publish the model’s general fairness objective and vendor description.General transparency materials do not measure selection outcomes or determine whether protected-group exclusion is disproportionately occurring.
The trap
When neutral procedures produce unequal group outcomes, examine impact evidence before inferring discriminatory intent. How to remember it
A neutral test can create disparate impact; selection-rate analysis is the direct missing control before drawing legal conclusions.
How many of these would you get right?
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