Disparate Impact. A group of black and Latino teachers brought an action against the New York City Department of Education and the New York State Education Department, claiming that the defendants have discriminated against them by using two standardized certification tests, which they claim had a disparate impact on the employment prospects of blacks and Latinos. Although, after trial, the District Court found that the tests did have a disparate impact, the defendant avoided liability because the tests were "job-related."

The Second Circuit vacated the District Court's decision and remanded for further proceedings. The Court also dismsised the action as to the New York State Education Department. The Court informed the District Court that it must use the law set out in its opinion to decide if the tests involved had been properly validated (an issue upon which the case hinged).

The decision in Gulino v. New York State Education Department can be found here.