Reply #34: You are asking to correct something that has no bearing on the legal aspect of the case and has the

[izzybeans]

benefit of hindsight.

Sure that's a mistake, but its one that has nothing to do with the frivolous nature of the case. The question is, we have this test, we now know it has severe problems, or suspect we know...if we go forward with it, we could be acting in a prejudicial manor.

Do you honestly want to handcuff an employer so it is illegal for them to take corrective action if they suspect that they themselves have made a mistake and are in the wrong? How will we hold employers accountable who are discriminating against potential hirees and/or promotion candidates? And then are we really going to claim that the corrective action itself is discriminatory and reverse discrimination...?

Because that's what the case is about.