Source: Joel P. Rudin and Kathryn L. Gover, Labor Law Journal, Vol. 58 no. 1, Spring 2007
In this article, we first discuss the unstructured interview, which is the most common hiring technique. Cognitive ability tests provide a demonstrably better alternative causing less disparate impact. Then we turn to informal mentoring, the most common promotion technique. Assessment centers provide a demonstrably better alternative causing less disparate impact. There appears to be no basis in the law allowing employers with disparate impact, either in hiring through unstructured interviews or promotion through informal mentoring, to refuse to adopt these alternatives.