  In some cases, a discriminator will adopt a policy that, on its face, makes no explicit reference to the group that he or she aims to disadvantage. Instead, the policy employs some facially-neutral surrogate that, when applied, accomplishes the discriminator’s hidden aim. For example, during the Jim Crow era, southern states used literacy tests for the purpose of excluding African-Americans from the franchise. Because African-Americans were denied adequate educational opportunities and because the tests were applied in a racially-biased manner, virtually all of the persons disqualified by the tests were African-Americans, and, in any given jurisdiction, the vast majority of African-American adults seeking to vote were disqualified. The point of the literacy tests was precisely such racial exclusion, even though the testing policy made no explicit reference to race.