This is a new twist. It seems they are not sueing because there are tests as such, but because they didn't get to cheat like some others did! Now that takes some balls!
This suit should be laughed out of court because there is no right to equal treatment for an illegal action (cheating).
And whoever cheated should be fired.
From what I have seen of the Test Questions not only should anyone who cheated be fired they should also be neutered with a rusty spoon so their DNA is forever removed from the gene pool.