No, it can discriminate on other protected statuses as long as you can prove that the test has a direct correlation to work performance. (Actually, the decision

No, it can discriminate on other protected statuses as long as you can prove that the test has a direct correlation to work performance. (Actually, the decisions require 'a strong basis in evidence' of 'business necessity', which you would demonstrate by showing a strong correlation.) See http://en.wikipedia.org/wiki/Ricci_v._DeStefano http://en.wikipedia.org/wiki/Ricci_v._DeStefano for the state of the art in I/O psych/job placement/etc.