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They found that in most cases, when confronted by evidence in group disparity, courts were much more willing to presume lack of merit, rather than the presence of discrimination. For example, in the case Davis v. Washington, the court believed there was no evidence to show that the standardized employment test was discriminatory against qualified blacks. "However, what was at issue in this case was precisely whether the employment test could determine who was ?qualified'..." (p.85).
The authors then criticized how concepts such as merit and qualification are defined, measured and valued, as well as how they are applied...
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