If the black officers had sued, what type of discrimination would they have alleged? Explain.

The city of Marshall promotes officers in its police department based in part on the results of a written test. To avoid racial bias, the city hired a highly qualified outside consultant to create, monitor, and score the tests and produce the promotion list. Although the test was properly created, no black officers were high enough on the list to be promoted. The city was concerned that if it promoted only white or Latino officers, the black officers would sue, so the city invalidated the test results. As a result, none of the white or Latino officers at the top of the list were promoted either. Johnson, a white office, and Martinez, a Latino officer, then sued the city.