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Johnson Power Company (“JPC”) has historically discriminated against Hispanics. At JPC, the lowest paying jobs were held by Hispanics. The Company had employees take a broad aptitude (IQ) test, on which the Hispanics performed poorly. JPC also required certain jobs be held by those with a high school diploma. However, most Hispanics in the area where JPC is located do not have a high school diploma. If challenged on this policy, what will JPC need to show? Please explain in detail.

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