Comment by btilly

The court regarded the test as unrelated to the demands of the job, despite a large body of research showing that the test is generally predictive of performance on a wide class of jobs, which that job is in.

The bar was set to, "You must have good statistical evidence that this test is applicable to this job." That is an extremely high bar, that very few private companies are ever going to be able to collect sufficient data to establish.

In fact the only organization that I'm aware of which can pass that bar is the US military. Which is why they are allowed to use ability tests in hiring and initial promotions that no private company would be allowed to use.