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> I now see those tests as nothing more than a way to reduce the number of applicants.

More like a way to discriminate neurodiverse people. This is probably illegal, but I have not heard of anyone challenging it. If you create a test that certain people fail, that would otherwise do their job fine, then this is likely testing for protected characteristic and disguised as competence test.



Would you have to prove only that the test discriminates, or also that it was intended to discriminate? The latter sounds nearly impossible.


In the USA, intention is not necessary.




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