We are a commune of inquiring, skeptical, politically centrist, capitalist, anglophile, traditionalist New England Yankee humans, humanoids, and animals with many interests beyond and above politics. Each of us has had a high-school education (or GED), but all had ADD so didn't pay attention very well, especially the dogs. Each one of us does "try my best to be just like I am," and none of us enjoys working for others, including for Maggie, from whom we receive neither a nickel nor a dime. Freedom from nags, cranks, government, do-gooders, control-freaks and idiots is all that we ask for.
It's not enough that there be a disparate impact. The theory is, that the test has to test for characteristics and knowledge that really matters for the job, and that there isn't provably another way to evaluate fitness that doesn't have a disparate impact. And the legal burden of proof is on the tester/defendants.
The objective being of course, to get the defendants to just give up, and start employing people who would otherwise be on the dole. And putting them in positions for which they are unqualified by either personal or cultural shortcomings.
Because any test, any test required for a public employment job, that has a disparate impact on ethnics, and that can't be proved to be the only proper test, is illegal. In other words, if you can't prove that there isn't any other test out there that can be substituted, that fairly tests for the required skills, and would not have a disparate impact, then your current test is flawed, the employees get their job back, and you have to keep looking for some other test.
So you can test to collect statistical data, but you can't use if for employment decisions. And if you keep tweaking the test, and it still keeps having a disparate impact, it doesn't matter, you can't hire and fire using it.
Disparate impact, in the name of trying to achieve racial equality, protects the incompetent and indolent, and punishes the ambitious and conscientious, and the public.
The desparate impact is going to be on the taxpayer. What communities should do is change all schools to "private" schools. Just as most communities don't pick up the trash they hire a private firm to pick up the trash. Create a school system where each school is run by a company and the company has total control over hire and fire responsibilities and the school itself is held responsible for the product, i.e. education. Each year the individual school is evaluated and "hired" again if they have been successful in their education goals. If they are not succeeding then another private firm is contracted to teach for the following year. This would give the schools incentive to actually educate and remove the government from the onerous public employee process.