Reply #4: If that is the case then at the very least you have to prove that.

[Statistical]

Hire some experts to analyze the training, publish a report saying the training was biased resulting in biased score THEN throw out the scores.

You can't just not like the results and as a result promote nobody because it doesn't look right.
The case will be overturned no doubt about that.

Over 100 people took the test, of which 27% were black. There were only 15 slots for promotion.
So the overwhelming majority were not eligible for promotion.

The lead plaintiff quit his second job, paid for someone to create audio books for him to overcome his disability. Made flash cards, organized study groups, and essentially dedicated his personal time to passing. He scored 6th. He took person initiative and responsibility to ensure he would succeed and did. Isn't that the American dream?

What is strange is the lack of an opinion by the 2nd circuit.
Take the CASC Prop8 opinion it is over 185 pages.
In Heller the SCOTUS reached the same conclusion as the lower court but the opinion is nearly 100 pages.

The 2nd circuit simply gave summary judgment with no opinion.
Later the summary judgment was withdrawn and case heard en banc only to write an opinion shorter than most traffic court verdicts.