In Ricci v. DeStefano, Ricci, a white firefighter, took and passed the City of New Haven firefighter's test, required of all applicants for promotion in the city's fire department. The test was thrown out when it was discovered that minorities scored poorly and the city feared a disparate impact-based lawsuit.
A) Even though the test was prepared by a professional testing organization, the city has the right to reject the test results if minorities do not score adequately.
B) Deliberately oversampling minorities to seek to create a fair test is irrelevant if the test results show that minorities still scored poorly.
C) Ricci, as a member of the white majority, had no grounds to sue when the city was seeking the legitimate aim of nondiscrimination.
D) An employer may not simply disregard a test based on unwanted results unless the test is shown to be biased or deficient.
Correct Answer:
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