Title VII of the Civil Rights Act of $1964$ permits the use of an employment eligibility test that may have a disparate impact on a protected class provided:

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

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

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

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.