However, as a matter of law, it is far from obvious that prejudice can serve as a justification for otherwise discriminatory rules, even indirectly. (europeanlawblog.eu)
Nonetheless, a federal judge who had found two older certification tests to be discriminatory ruled in 2015 that the ALST was not biased, because it measured skills that were necessary for teaching. (educationnext.org)
That 2014 civil rights guidance — jointly issued by the U.S. Departments of Education and Justice — put schools on notice that they may be found in violation of federal civil rights laws if they enforce intentially discriminatory rules or if their policies lead to disproportionately higher rates of discipline for students in one racial group, even if those policies were written without discriminatory intent. (e4e.org)