I think such a challenge would fail in any reasonable legal system. HN seems to be talking itself into a belief that these interviews have no relationship to actual programming work, but that's not the case and plenty of experienced engineers would step up to defend algorithmic questions if it ever moved beyond bellyaching in blog posts.

Of course the USA is ever more extreme and crazy when it comes to identity politics, so ago knows if the justice system is still reasonable in this regard. But I'd really enjoy watching people argue in front of a judge that working with tree structures is extremely irrelevant to programming.

There's some truth to this, but it's also true that when someone with many years of experience and a long history of top performance ratings and promotions has to take a week or two off to study in order to do the test, that it indicates the test is not well targeted to the job.

I find this interesting, because I feel every time I visit a Silicon Valley tech company’s office, I’m surprised by how diverse the employees working there are. Yes I know certain groups are still more represented than others.

But it’s still more diverse in contrast to the companies I’ve worked at (non-tech old school companies in finance, etc), where the tech employees tend to fall into a much narrower stereotype.