By now you may have heard that Target recently agreed to pay $2.8 million to settle a Commissioner’s charge of discrimination by the EEOC originating from its Minneapolis Area Office and arising out of Target’s pre-employment testing practices. According to the EEOC, three of Target’s tests excluded a disproportionate number of otherwise qualified candidates based on race and sex and were not sufficiently job-related or consistent with business necessity to otherwise justify their use.

Such tests under the circumstances alleged by the EEOC, would ha