But despite the high validity of cognitive testing, it is less frequently used as selection tools. One main reason is that cognitive ability testing has been demonstrated to produce adverse impact. In general, groups including Hispanics and African-Americans score lower than the general population while other groups including Asian – Americans score higher (Heneman et al., 2000; Lubenski, 1995). The legal issues with cognitive ability testing were amplified by the supreme court's ruling in the famous 1971 Griggs v. Duke Power case. In this case, the Supreme Court ruled that when a selection test produces adverse impact against protected group members the company must be able to defend it by showing that use of the test is a "business necessity" for the operation of the business. The courts have held narrow interpretations of business necessity that require companies to show that no other acceptable selection alternative exists (Sovereign, 1999). As a result, many companies abandoned cognitive ability testing ( Steven L. Thomas &Wesley A. Scroggins, 2006).