Was a teacher certification exam given to potential NYC teachers discriminatory against African-Americans and Latinos?

Yes. Gulino v. Board of Education, a Federal Court case filed in 1996 sought class certification, back pay and a declaration that the LAST teacher certification exam was discriminatory. The matter came before Judge Constance Baker Motley and a trial was held in which the complaint was dismissed in 2003. Judge Motley found no legal discrimination despite the fact that the test was not properly validated for discriminatory impact. The matter was appealed to both the 2nd Circuit Court of Appeals and the United States Supreme Court with the 2nd Circuit reversing Motley’s decision and remitting the matter back to the District Court and the United States Supreme Court refusing to hear the matter.

On December 5, 2012 Judge Kimba Wood found that the test had discriminated against the plaintiffs but ruled that the class action was not warranted. Aggrieved plaintiffs are entitled to damages but must present their claims individually. Additionally a monitor was ordered to ensure that future teacher certification exams do not discriminate.

The Center for Constitutional Rights who advised the plaintiffs since their original complaints has provided a more detailed chronology of the action.


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