From Wikipedia:
On July 2, 1965, the day the Civil Rights Act of 1964 took effect, Duke Power added two employment tests, which would allow employees without high-school diplomas to transfer to higher-paying departments. The Bennett Mechanical Comprehension Test was a test of mechanical aptitude, and the Wonderlic Cognitive Ability Test was an IQ test measuring general intelligence.
Whites were almost ten times more likely than blacks to meet these new employment and transfer requirements. According to the 1960 Census, while 34% of white males in North Carolina had high-school diplomas, only 18% of blacks did. The disparities of aptitude tests were far greater; with the cutoffs set at the median for high-school graduates, 58% of whites passed, compared to 6% of blacks.
Chief Justice Burger wrote the majority opinion.
The Court of Appeals’ opinion, and the partial dissent, agreed that, on the record in the present case, “whites register far better on the Company’s alternative requirements” than Negroes. This consequence would appear to be directly traceable to race. Basic intelligence must have the means of articulation to manifest itself fairly in a testing process. Because they are Negroes, petitioners have long received inferior education in segregated schools, and this Court expressly recognized these differences in Gaston County v. United States, 395 U.S. 285 (1969). There, because of the inferior education received by Negroes in North Carolina, this Court barred the institution of a literacy test for voter registration on the ground that the test would abridge the right to vote indirectly on account of race. Congress did not intend by Title VII, however, to guarantee a job to every person regardless of qualifications. In short, the Act does not command that any person be hired simply because he was formerly the subject of discrimination, or because he is a member of a minority group. Discriminatory preference for any group, minority or majority, is precisely and only what Congress has proscribed. What is required by Congress is the removal of artificial, arbitrary, and unnecessary barriers to employment when the barriers operate invidiously to discriminate on the basis of racial or other impermissible classification.
The Act proscribes not only overt discrimination, but also practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude Negroes cannot be shown to be related to job performance, the practice is prohibited.
On the record before us, neither the high school completion requirement nor the general intelligence test is shown to bear a demonstrable relationship to successful performance of the jobs for which it was used. Both were adopted, as the Court of Appeals noted, without meaningful study of their relationship to job performance ability. Rather, a vice-president of the Company testified, the requirements were instituted on the Company’s judgment that they generally would improve the overall quality of the workforce.
The evidence, however, shows that employees who have not completed high school or taken the tests have continued to perform satisfactorily, and make progress in departments for which the high school and test criteria are now used.
https://en.wikipedia.org/wiki/Griggs_v._Duke_Power_Co.
Saying it doesn’t matter is raw assertion. It may work in a ridiculous court of law, but the laws of physics don’t care about ridiculous courts of law and their judgements.
I say look at South Africa, which is demonstrating that it cannot maintain a First World-level electrical system built by whites. Look at Flint, MI and Jackson, MI, which have proven themselves unable to maintain First World level water systems.
There is the real world judgement.
“neither the high school completion requirement nor the general intelligence test is shown to bear a demonstrable relationship to successful performance of the jobs for which it was used”
Perhaps the judge who wrote that, missed the idea that a company may want to have a labor pool from which to pick somebody for advancement, in addition to having a labor pool in which, employees aspire.