Originally posted by: mugs
OP - regardless of why it IS illegal, why do you think it SHOULD BE illegal?
I'm on the fence actually.
Job discrimination based on many other factors that aren't highly related to job performance are illegal (e.g. race, sexual orientation, religion, etc.) Someone else said jokingly "maybe that's their way of weeding out women," but that's actually quite salient. One could refuse to hire women because of the "likelihood" that they'll become pregnant and have to take time off the job, thus hurting the company's productivity. Further, one could refuse to hire black people because of the "likelihood" that they'll steal from the office in comparison to a white people. Both of these things are statistically accurate, but I think it's highly unreasonable to generalize from them in a discriminatory way towards individuals. I.Q. is in the same vein, as its use as a predictor of job performance is based on the statistical fact that people with higher I.Q. ratings are generally more successful.
However, it is legal to not hire someone solely on the basis of pretty much any other factor that's not explicitly illegal (at least in practice). For instance, employers can choose not to hire someone solely on the basis of personality or appearance.
Edit: Okay, since writing that I'm no longer on the fence. It should be illegal because of what I said in the first paragraph. I further think that using personality tests as a
sole determinant of employment should be illegal as well. "Personality" is a somewhat abstract concept that I would debate can accurately judged by a test. I've taken them before and I think they're highly subjective. What should be a discriminable trait instead is behavior, because this along with the example of appearance, are things that an individual has control over, while personality and I.Q. aren't.