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adopted or applied with an intent to discriminate because of race, color, religion, sex, or <br />national origin. <br />(l) Prohibition of discriminatory use of test scores <br />It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of <br />applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, <br />or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national <br />origin. <br />(m) Impermissible consideration of race, color, religion, sex, or national origin in employment practices <br />Except as otherwise provided in this subchapter, an unlawful employment practice is established when the <br />complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any <br />employment practice, even though other factors also motivated the practice. <br />(n) Resolution of challenges to employment practices implementing litigated or consent judgments or orders <br />(1) (A) Notwithstanding any other provision of law, and except as provided in paragraph (2), an employment <br />practice that implements and is within the scope of a litigated or consent judgment or order that resolves a <br />claim of employment discrimination under the Constitution or Federal civil rights laws may not be challenged <br />under the circumstances described in subparagraph (B). <br />(B) A practice described in subparagraph (A) may not be challenged in a claim under the <br />Constitution or Federal civil rights laws- <br />(i) by a person who, prior to the entry of the judgment or order described in <br />subparagraph (A), had- <br />(I) actual notice of the proposed judgment or order <br />sufficient to apprise such person that such judgment or <br />order might adversely affect the interests and legal rights <br />of such person and that an opportunity was available to <br />present objections to such judgment or order by a future <br />date certain; and <br />(II) a reasonable opportunity to present objections to such <br />judgment or order; or <br />(ii) by a person whose interests were adequately represented by another <br />person who had previously challenged the judgment or order on the same <br /> <br />