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Title VII of the 1964 Civil Rights Act prohibits employment practices, including promotional exams, that have a discriminatory impact on minorities or women. In this case, the City of New Haven was sued by a group of white firefighters after the City refused to certify the results of a promotional exam. In its amicus brief, the ACLU argues that an employer is not required to certify a test that has a discriminatory impact on minorities if the employer has a strong basis in evidence to believe that certifying the results would violate Title VII. The brief further argues that plaintiffs' contrary position represents a covert attack on the constitutionality of Title VII itself, which should be rejected if the Court decides to address it.