it was specifically suggesting that failing its background check did not necessarily disqualify an applicant but it was being applied in a disparate way. Seems the meaning is failing this test eliminates all applicants but this is referencing disparate treatment from the test as a primary filter --- if such effect can be shown and it can be argued that some employment evaluation without the same effect may exist.

OK - I admit I still think it would be nice if you posted fewer grievances. But I was wrong with my post. Carry on...