>>Provided you give all the employees the same test, it should be legal to screen this way.
Actually, I don’t believe that is so. I think you can get in EEOC trouble if a test you use has disparate racial impact.
Getting into trouble with the EEOC is even easier than that.
It makes an excellent tool for government blackmail to employers or businesses when the government needs a “spokesman” for a “shovel ready” project.