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See Griggs Vs Duke Power. The courts essentially made less expensive means, eg testing, illegal in an attempt at "fairness".


There's a legal way around that. You could set race quotas that would keep you out of court, have the test, and hire the top people from each race.


That wasn't a court precedent, it was a legal lynching during special circumstances. Plenty of companies currently get away with using aptitude tests as part of interviewing, and this is supported by copious precedents.




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