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I read the Origins of Woke by Richard Hanania a couple weeks ago. I was going to write a more in depth review covering more sections, but got bored after writing my thought process about how employers aren't allowed to use discriminatory tests and never got around to writing more, so I'll post what I did write.
Let’s all people have a factor that you can represent numerically how good they will be at a job. Let’s call it the m, for mystery, because exactly what will make someone good at a job- e.g knowledge, skill, conscientiousness, etc. can be very difficult to measure, and knowing how important proportionally each sub-factor is to the final m factor or even what every sub-factor maybe is also very difficult. But, we can still try to estimate someone’s m. If you have a job that largely involves lifting heavy boxes and moving them around, you can get a decent estimate by having a candidate try to lift a heavy box- if they fall, they almost certainly have low m for that job, and if they succeed with ease, they’ll likely have a high m for that job. If you have a CEO position for a large multinational corporation, you can like at a candidate’s previous job experience- if they’ve previously been in charge of a corporation that hit records profits during their tenure, they’ll likely have high m. If while previously in charge of a corporation, it went from high profits to bankruptcy, or they’ve only ever held a job as a janitor, you can guess that they’d have low m for the position.
We can say with confidence that on average, black people have lower m than white people for most jobs. Whether this is because of genetics, culture, discrimination, or something else isn’t relevant to this discussion, because this discussion isn’t about increasing their m, just about what are fair hiring practices. In 1964, when the Civil Rights Act passed, both Congress and the general population of America overwhelmingly wanted two things: For black people to not be actively discriminated against, but also for people to be able to still select the best employees for a job, even if all the best employees were white. But what is “discrimination”? That’s a surprisingly hard question to answer.
Let’s say an employer has 1000 job candidates, and needs to select 100 to fill a newly created job. The employer wants to get the 100 employees with the highest m- he is unlikely to succeed perfectly, but he still wants to get as close as he can. If the employer asked all potential job candidates to fill out a brief questionnaire as the first stage of the application process, and one of the questions was “Are you black?”, and then the employer threw out every single application where someone answered “Yes”, the average m in the remaining pool would likely be higher, although he also would’ve likely tossed some candidates who did belong in the final pool. Whether it’s a good idea from the employer’s perspective may vary- maybe the employer really has no good ideas on how to figure out which candidates have higher m, and his next step will just be to randomly select 100 candidates from the remaining pool, in which case he’ll have done better in terms of average m score than if he didn’t purge black candidates.
But, I think almost everyone would agree that purging black applications like that is discrimination, in the letter of the ACR, in the spirit of what Congress intended it, and that the majority of Americans don’t want to see that sort of candidate selection happen, not from government employers and not from private employers either. The government would tell any employer that tried to do that something like, “Stop that, rework your hiring practices so that you’re actually more directly testing for m, and not just discriminating against blacks”.
So the employer goes back to the drawing board, and comes up with another test. He will take a pencil, and slide it into the hair of a candidate. After releasing, if the pencil falls out of the hair, the candidate proceeds to the next stage, if it stays in, the candidate is removed from selection. That’s the Apartheid South African Pencil test, and in practice that’d basically be the same as the previous test, although it’s hypothetically possible some black people would pass and some white people would fail. Or maybe the employer tries to be slightly less blatant, and instead does a swimming test(black have worse buoyancy than white people). Unless the job actually involves swimming in some way, I think most people would still agree that such a test is discriminatory, not actually measuring m in any way, at least not more than a generic fitness test does, and would only have predictive power in job performance because it’s managing to exclude blacks.
The employer now comes up with a fourth test. It will be a straightforward algebra exam, the sort you’d see in a 10th grade math course. If the job does not involve algebra in any way, like it’s a job moving boxes around, or maybe it’s a cashier job at a retailer, or even a more high class job like a lawyer that doesn’t really involve math, then this test will also disproportionately fail black candidates, who tend to be worse at algebra. But, is it actually discriminatory? Where the previous tests only would have any predictive power for job performance in so far as they measured whether or not someone’s black, and black people on average did worse at the job, the algebra test might have real predictive power, because it’s not just measuring algebra skill, it’s also measuring general intelligence, and general intelligence would be a major component of m for almost any job.
Whether the test is actually discriminatory now comes down to whether “general intelligence” is real, and also that if it is real, can it be measured by an algebra test? I don’t think that question, in the absence of formal studies, has an obvious answer. I think reasonable people could very easily come to believe that algebra skill is divorced from other intellectual tasks like public speaking, literacy, chess skill, etc. My understanding of the literature is that that is not true- that there is a general intelligence, and skill at all intellectual tasks are relatively closely correlated. And that that general intelligence is also closely correlated with job performance in pretty much every job. But, reasonable judges who aren’t good at parsing scientific studies themselves can be convinced that general intelligence does not work like that.
Richard Hanania, in The Origin’s of Woke, writes that judges and bureaucrats expanding the definition of discrimination to also include tests that really measure future job performance is one of the key origins of wokeness. I wouldn’t disagree. Where I do disagree with him is that I don’t think it’s easily possible to permit real skill tests but ban actually discriminatory test, because they can look very similar. Ultimately I don’t disagree with his conclusion that the laws should be altered to allow for discrimination though, because I think where in the 60’s the Civil Rights Act may have been needed to prevent employers doing discrimination along the lines of a Pencil Test for employees like how the American people wanted, today the vast majority of Americans are no longer anti-black racist, despite what many on the left think. I think you could remove a lot of anti-discrimination protections, and unlike in the 60’s, a combination of few people today being actually racist and non-governmental social pressure to keep the real racists in line will prevent the sort of racism Americans hate.
According to the internet the Wonderlic test, which is an IQ test, is used by a large number of major American corporations, from Bank of America to American Airlines to Abbott medical. Dozens of other major corporations have their own in-house cognitive assessments. The infamous ‘Google interview question’ is an IQ test. The US military and many parts of federal and state civil services use IQ tests. Somehow these places did not stop using them under legal pressure despite the disparate outcome standard being in place for fifty years or more.
The sole requirement for employers is that they must be able to prove that test performance equals job performance. This is absurdly simple to do in any profession in which performance can be objectively measured (which is most of them).
The major lost cases (iirc a big one semi-recently was some firefighter or cop promotions in New England) are where this standard couldn’t be shown to investigators. If you can prove it the justice department will typically just move on and not even look further into a case.
But you don't know whether you can prove it or not until you end up in front of a judge. That's got to have some sort of chilling effect.
The other famous case recently was teachers in NYC schools. They proved that the test was fine to one judge and then lost on appeal and had to shell out $2 billion. So it's a pretty arbitrary standard that can go either way depending on the judge.
What was their test like?
It seems trivially obvious that a high school math teacher should have to pass a math test slightly higher than whatever they'll be teaching. Or that a bank employee should be able to do whatever kind of math they might use for their job.
It seems unlikely that the extra friction and expense of requiring kindergarten teachers who can pass even Algebra II is worth it, as long as they're literate, patient, enforce social norms, and willing to stick with the phonics and counting curriculum. I vaguely remember having to pass an algebra test as an adult, some years after taking the course, in order to continue teaching a subject that involved no algebra at all, but a lot of enforcement of social norms and some design stuff. It seemed a little silly, and I do think I would have been pretty pissed if I had failed and needed to both re-learn algebra and pay a fee to re-take the test.
The current system of requiring a college degree with an education specialization is also extra friction and expense compared to the previous system of letting school officials hire 16 year old girls and use their judgement to pick which ones would be any good at it.
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