“The judge said black and Hispanic applicants had disproportionately failed the written examinations and those who passed were placed disproportionately lower down the hiring lists than whites.”
As for the candidates who failed the written examinations: Boo Freakin’ Hoo! As long as everyone is taking the same test, I don’t see anything here but candidates who failed to pass muster.
As for “those who passed...placed disproportionately lower down the hiring lists”: I’d like some more information. If it is simply a question of the overall scores or qualifications being lower than other candidates who happen to be white, Boo Freakin’ Hoo (redux).
If, however, there is some arbitrary factor in play, I’d like to know the details of it. Not because I necessarily suspect racism (I don’t). But because I wouldn’t want to see *any* candidate for *any* job disqualified by some arcane bureaucratic rule.