>I think the situation is basically that it’s allowed, but employers have to jump through probably more hoops than they should be required to to prove it’s fair

>I think the situation is basically that it’s allowed, but employers have to jump through probably more hoops than they should be required to to prove it’s fair. Actually, no, you're misunderstanding the key to Griggs. It doesn't matter if the test is fair if the outcome is discriminatory.