I believe he can but it really depends on the facts and circumstances. "However, in the 1971 Griggs v. Duke Power Company landmark case, the US Supreme Court ruled that, since the use of a standardized intelligence test coupled with the requirement of a high school diploma systematically excluded African Americans from consideration, the use of such measures violated Title VII of the Civil Rights Act of 1964. The Court noted that the inclusion of these screening measures was intended to reduce discrimination, but that such “good intentions” were not sufficient; what mattered was the adverse impact on the protected minority group. Thus, if a screening instrument causes adverse impact, it is illegal to use such a test unless there is good evidence to prove that the test is valid!" from http://www.peopleclues.com/why_legalities.htm
Answered by
LQ
at
Jul 14, 2011 01:55 PM