If you could show that passing the test was an important part of performing in the job (i.e. those that did not pass the test would be worse, or unable to perfo

If you could show that passing the test was an important part of performing in the job (i.e. those that did not pass the test would be worse, or unable to perform the job) then it would pass the Griggs finding. The main issue with Griggs was that the court found that people who failed the test were no worse (at their job) than those that passed it. And, so, decided (rightly) that the test was not there for performance/ability reasons, but for other reasons.