You're mischaracterizing my position. It's not that "fairness can only be judged after the results are in". The issue was present all along. And no, the study material isn't "strictly defined". Many of the questions on the written test are completely irrelevant to New Haven. One question, for example, asked fire equipment should be parked "uptown, downtown, or underground", a question that doesn't apply to New Haven as it has no "uptown" or "downtown". That the weight of each portion of the testing was defined in advance is irrelevant. The weighting used caused a disparate impact. According the Civil Rights Act of 1965, even if a policy is race-neutral on the surface, if it causes a disparate impact, it's the responsibility of a locality to show the policy is necessary. In that case, it clearly wasn't, as other localities in the state place a greater weight on the oral exam.