Facially Neutral

Cases, Tests/Factors, & Disparate Impact

Washington v. Davis

DC Cop case that evaluated whether a hiring practice of the District of Columbia was racially discriminatory. The Court ruled that a disproportionate impact on minority candidates did not establish a violation of the Civil Rights Act without proof of intentional discrimination.

Insufficient numbers for Yick Wo standard of diaprate impact, therefore depended on existence of intent —> court ruled that the district had a rational basis for wanting its candidates to have a certain proficiency in reading/writing comprehension

NO EPC —> upheld, passed RBR

Palmer v. Thompson

Segregated pool case; State didn’t want to integrate their pools so they shut down 5 of the town’s pools both for all people. They said that their reasoning was that there was no way to run them safely while integrated and since it didn’t only effect one class of people so there is no disparate impact claim.

Yick Wo

Laundromat case; unequal operation of the law with such an insane level of disparate impact(out of 200 Chinese applicants only 1 was given approval) —> supported by empirical evidence

Feeney

Veteran Hiring Policy Case; Feeney (honorably discharged veteran) was ranked below other honorably discharged veterans who scored lower than her for preference in civil service positions —> court said veteran status is not uniquely male & some women did benefit from the scheme so no disparate impact enough be Yick Wo level & absence of invidious intent = RBR approach

Gomillion

28-sided gerrymandering case; ousted all but 4 black Americans from inclusion in the district effectively taking way their voting power = Yick Wo level impact showing evil intent & received HS

Arlington Heights

town created ordinances that required 2 acres of land per lot, effectively ousting MFH & low-income housing plans; requires 4 considerations

(1) is there a history of discriminatory actions toward class at issue

(2) Is there a specific, suspicious chain of events leading up to the decision?

(3) Did the decision-maker break from normal procedures?

(4) Did the decision depart from typical, rational, or substantive considerations?

STRUCK