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VoiceOfRa comments on Is my theory on why censorship is wrong correct? - Less Wrong
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Except the burden is on the employer to "prove" (using only legal evidence) that the test is relevant.
How does that impact my stated point?
"You can use evidence relevant to the person's ability to do their job" and "you can use evidence that you can 'prove' is relevant to the person's ability to do their job" (where 'prove' in quotes is not the same as actual proof) are very different.