"However, the courts sided with the lower police department. In its ruling, the 2nd U.S. Circuit Court of Appeals in New York ruled that the city did not discriminate against Jordan because the same standards were applied to everyone who took the test. In other words, no one who was deemed “too smart” for the job after taking the intelligence test was hired."

You can apply that logic to race too: "We tested ALL applicants for blackness, not ONLY the black applicants".

You are still sorting people out for something they cannot control...