Obviously Earth has passed the test.

They were given a task, found a group for whom the task would be ideal in both their willingness and ability to do it, and presented this group to the task giver. They did not force a slave class, they didn’t do a lottery, they didn’t see it as a chance to get rid of undesirables, they just sent people who legitimately wanted to go.

There was no victim, thus there was no crime.

If these aliens can’t tell, they’re morons who clearly didn’t think it through.