Elsa GULINO, Mayling Ralph and Peter Wilds, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants,
Nia Greene, Plaintiff,
v.
NEW YORK STATE EDUCATION DEPARTMENT, Defendant-Cross-Defendant-Appellee,
Board of Education of the New York City School District of the City of New York, Defendant-Cross-Claimant-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: January 24, 2005.
Decided: August 17, 2006.
Attorney(s) appearing for the Case
Joshua Samuel Sohn, DLA Piper Rudnick Gray Cary U.S. LLP, New York, N.Y. (Barbara J. Olshansky, Center for Constitutional Rights, New York, NY, Steve Seliger, Seliger & Elkin, Ltd., Chicago, IL), for Plaintiffs-Appellants.
Michael S. Belohlavek, Deputy Solicitor General for the State of New York, New York, N.Y. (Eliot Spitzer, Attorney General for the State of New York, Melanie L. Oxhorn, Assistant Solicitor General, of counsel), for Defendant-Cross-Defendant-Appellee the New York State Education Department.
Mordecai Newman, Assistant Corporation Counsel of the City of New York, New York, N.Y. (Michael A. Cardozo, Corporation Counsel of the City of New York, Larry A. Sonnenshein, Assistant Corporation Counsel, Leonard Koerner, Assistant Corporation Counsel, of counsel), for Defendant-Cross-Claimant-Appellee the Board of Education of the New York City School District of the City of New York.
Before RAGGI and WESLEY, Circuit Judges, and DRONEY, District Judge.
United States Court of Appeals, Second Circuit.
RICHARD C. WESLEY, Circuit Judge.
Although this Court has long navigated "the complex realm of [employment] testing and test validation," Guardians Ass'n v. Civil Serv. Comm'n of New York,630 F.2d 79, 82 (2d Cir.1980), once again, we find ourselves in uncharted territory. This case asks us to decide whether the general knowledge test component of New York State's public school teacher certification program is racially discriminatory...
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