How have courts treated discrimination in the context of the test selection process?

[33 Cal.App.4th 696] Moreover, so long as persons in the same group are not discriminated against in the choice of tests to take, there is no denial of equal protection. " 'The unlawful administration by state officers of a state statute fair on its face, resulting in its unequal application to those who are entitled to be treated alike, is not a denial of equal protection unless there is shown to be present in it an element of intentional or purposeful discrimination.' " (Murgia v. Municipal Court (1975) 15 Cal.3d 286, 297, 124 Cal.Rptr. 204, 540 P.2d 44, citation omitted.)