In 2006, a white police captain took a civil service exam required for promotion to police inspector He received the highest score on the exam and the results of the exam were certified by the city. However, the city had no open inspector positions at that time. The city had previously been sued over its civil service tests by plaintiffs alleging adverse impact against African Americans. At about the same time as the captain took the exam, the city began a process of reviewing its civil service exams and developing new ones in light of the changing requirements for police work. Those efforts resulted in a new promotional exam that was given in 2008. The captain declined to take the new exam. When an inspector position opened up later in 2008, another white candidate was promoted. The captain sued, claiming that the city engaged in race discrimination when it failed to hire from the 2006 test results and instead created a new exam. What should the court decide? Why?