3. XYZ Bank, a specialist in investment banking, has established along with a team of psychologists, a psychological profile of people who work best under pressure. Every new applicant is required to take the test. The result is a prime determinant as to whether the applicant is given the job. Susan who is otherwise qualified, is refused employment as a result of her low score on the psychological profile. The Bank's employees have white males as a majority. Susan claims that the test was used as a pretext for discrimination. Is XYZ Bank in legal trouble?