If the test is correlated to job performance better than other options that do not have disparate impact, it is allowed under the law. FDNY was unable to prove

If the test is correlated to job performance better than other options that do not have disparate impact, it is allowed under the law. FDNY was unable to prove that the test was correlated to job performance (because they didn't ever make that correlation, the test was a cutoff to be considered to be on the force in the first place), which was their undoing.