Trying disprove disparate impact can be time-consuming and expensive, especially with the litigation, and that's why only large companies and municipalities can use these tests. One problem according to business surveys is the skills mismatch, which is that employers can't find enough qualified employees to fill open spots. Maybe the labor market would be better if these tests were made more readily available so employers can find talent that would benefit the most from on-site training, but most businesses don't have the resources to disprove disparate impact should a lawsuit arise, nor the compiled data to show there isn't discriminatory hiring . Even if the plaintiff's case is without merit, it still costs the employer time and money to disprove the case. And it's not like the defendant can recover from a frivolous lawsuit.