Title VII of the Civil Rights Act of 1964 permits the use of an employment eligibility test that may have a disparate impact on a protected class provided:

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The problem with an eligibility test is that, while appearing facially neutral, it may have a disparate impact on a protected class. Pursuant to Title VII of the Civil Rights Act of 1964, where adverse impact has been shown, the test may still be used if it has been professionally developed and validated. Eligibility tests that have been professionally developed are specifically exempt from claims of disparate impact, as long as the test is not designed, intended, or used to discriminate on the basis of membership in a protected class.

Title VII of the Civil Rights Act of 1964 Permits