As the new HR director at Bing Enterprises, you have learned the company uses an eligibility test during the interview process. You researched Title VII of the Civil Rights Act of $1964($Title VII$)$ to determine if such a test is legal. During your research you learned that use of an employment eligibility test that may have a disparate impact on a protected class is legal provided:

the employer can show that the test evaluates factors that are not directly job related.

the employer can show that there was no invasion of privacy during the test.

it is proved that the employer's efficiency concerns do not trump the individual's privacy interests.

it is proved that the test has been professionally developed and it is not designed, used, or intended to discriminate on the basis of membership in a protected class.