The fact they won the case on procedural grounds is not relevantYou're misreading both links. They didn't win the case, it's still going. They won a procedural issue that prevented them from automatically losing the case, and recast not losing as true victory. And the importance of my link was that it proves my point not yours: that the plaintiffs were not actually affected by the alleged FAA diversity hiring practices because...again...they never applied for a job in the first place.
Everybody railing against the assessment fundamentally misunderstood the test. There are no DEI questions. The test does not ask you what your ethnicity is, or your sex. It's basically just a personality test with biographical data: what is your preferred learning method? how do you respond to high-stress situations? what have you studied? what is your relevant flying/airport experience? how did you learn about the ATCS role?
The experience questions alone can get you a of a "passing" score (answers are not weighted equally, but despite popular claims online, all questions are worth at least some points...there are no purely informational questions https://www.oig.dot.gov/sites/default/files/ATC%20Hiring%20R...). The OIG report also states the Biographical Assessment was tested on existing controllers to validate the scoring rubric and refined accordingly, meaning that nobody actually employed as an ATC could fail the BA. And importantly: the validation cohort was overwhelmingly white and male... (And the report also notes that in the 3 years that the BA was in use, there was no change in the ethnic or gender makeup of new ATCS hires.)
The plaintiff in the original post you linked supposedly got a 100% on the original test but somehow managed to "fail" a biography test in which more than half of the questions are about their experience in the field or relevant education. If they were being honest about their qualifications, they should have gotten a passing score with plenty of points to spare. Because again...the scoring rubric was validated by testing it on the existing staff of overwhelmingly white male employees...who all passed...