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McTavish is not hired because of a low score on a valid, reliable skills test. He sues under Title VII for national origin discrimination because

McTavish is not hired because of a low score on a valid, reliable skills test. He sues under Title VII for national origin discrimination because nobody of Scottish descent has ever passed the test, and asks the court for a 10-point adjustment of the scores of all Scottish testees. Assuming adverse impact is established, what result?

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