In 1996, a group of Black and Hispanic teachers sued the City of New York for requiring them to pass tests that were, they said, racially discriminatory and not relevant to their work. The city will be required to pay nearly $600 million to the 350 plaintiffs, a sum that might rise to nearly $2 billion. The state was dropped from the lawsuit in 2006, even though it imposed the tests as requirements on the city.
A massive decades-long lawsuit against New York City over the use of two teaching certification tests is winding to a conclusion, with nearly $660 million and pension benefits in damages awarded to plaintiffs in the class action lawsuit claiming the tests were discriminatory against Black and Latino teachers and prevented them from achieving full seniority, pay and benefits.
The city could be further liable for hundreds of millions of dollars more in damages yet to be determined, with an estimated maximum payout of about $1.8 billion for the 4,700 plaintiffs in the Gulino v Board of Education class action suit — in what city officials say is the highest amount of damages that New York City has ever paid.
In 1996, three teachers filed the lawsuit against the city and state education departments, claiming that the mandated certification tests—the National Teacher Examination (NTE) and its successor the Liberal Arts & Sciences Test (LAST)—had a “disparate impact on African-American and Latino test takers.”
White test-takers passed the tests 83.7% of the time while Black test takers passed at 43.9% and Latino test takers passed at 40.3% of the time, according to the complaint.
No matter what subject a New York City teacher taught—whether it was preschool, special education, or athletics—they were required to pass these certification tests, which have been described as covering “scientific, mathematical, and technological processes; historical and social scientific awareness; artistic expression and the humanities; communication and research skills; and written analysis and expression.”
“The test obviously didn’t test anything relevant to the jobs that people were doing or being hired to do. But the city used it in many cases to demote people,” said Joshua Sohn, the plaintiffs’ lead lawyer.
Teachers who didn’t pass were paid less, denied full pension, and many were relegated to substitute status, according to a court brief filed with the Second Circuit of Appeals in 2007: “Even though they never achieved a passing score on the LAST, many teachers continued teaching full-time in the City’s schools for many years, albeit at salaries well below that of their certified colleagues. And those teachers who ultimately achieved a passing score, remained at a salary step level far below that of their colleagues with equivalent seniority in the City school system. In practice then, the City and State used the LAST not to determine whether teachers should be allowed to teach, but rather to determine their level of compensation and benefits.”

Presumably white, Asian, and Native American teachers who performed poorly on this test that was “irrelevant to their work” and suffered the same consequences (diminished pay, less career advancement) get nothing.
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That’s a good point. Is the point of this this settlement purely based on racism or the fact that a clever and unethical method was used to keep salaries down for a particular type of city employee (teachers)?
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Looks like the lawsuit was based on racial discrimination, solely against black and Latino teachers.
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Nobody is stopping white, Asian, and Native American teachers from filing a law suit if they so desire.
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Not for racial discrimination.
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They had to pass a standardized test to receive fair compensation. Everyone here knows that, while there are always a few outliers, standardized tests are racially biased. The tests are the problem. Always have been, seemingly always will be.
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[…] After 25 Years, New York City Teachers Win Largest Legal Settlement Ever from NYC […]
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A Supreme Court decision in the 70s (Duke Power) ruled if a job requirement had a “disparate impact” on protected groups, as per the civil rights act, and the appellant could not show the direct relationship to the employment requirement, in this case the tests, since abandoned, the requirement was discriminatory… the current state tests are content tests and a performance review(EdTPA), needless to say over 20 years of litigation and far more complicated
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California did something like that while I was still teaching, but statewide, requiring all teachers to take a test to prove they could teach even after teaching for years and even decades. That test, besides filling bubbles, included an essay to prove the teacher could write. I failed the writing portion and to keep my job as a teacher after teaching for about 20 years, I had to take college classes and earn thirty credits from approved classes to improve my writing. That forced me to take night classes after teaching all day. Reaching the closest college to the school where I taught meant driving in rush hour traffic crawling bumper to bumper breathing fumes for an hour one way each time I had a class, and then hunting for a parking spot in crowded parking lots at Cal State LA.
I earned all A’s in the graduate-level classes I was forced to pay for out of my own pocket to prove I could teach.
By then, I’d already earned an MFA with an emphasis on writing and my graduate adviser said I was the best writer he’d ever seen in that program. The MFA did not count. I still had to take the test.
By then, I’d been conducting poetry and short story writing workshops with my English students for about 17 of those first 20 years (I retired after reaching 30 years) and some of my students were winning awards for the poems and short stories they were writing in the workshop I’d created, in addition to what I was required to teach out of the state-approved textbook.
By then, the district had determined from the annual standardized test results from students that were in my English classes, that the students I had taught when they were with me had outperformed all students in the district in the same grade level when it came to improving their reading level and writing essays.
By then, I had at least ten full-length manuscripts, had spent several years driving more than a hundred miles each week to attend writing worships out of UCLA’s extension program.
None of that counted. The only thing that counted was the test every teacher in California had to take and pass to keep teaching.
Maybe those teachers in New York City would like to extend their lawsuit to California and represent all the teachers that were forced, me included, to take that rank and punish test so they could keep teaching.
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The biggest irony is that some of the people who come up with all the test BS couldn’t write if their life depended on it.
For example, creator of the Common Core E/LA standards, sometime Oxfordmoron and College Board President, David Coleman, “demonstrates” how to write something that is completely inappropriate for the topic at hand (in this case the shootings at a Florida high school), basically using a profound tragedy as an advertisement for the College Board’s AP program.
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David Coleman believes that, his words, “nobody gives a sh–” what you write.
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Well, he may be right about that when it comes to himself.
I have a feeling he had some childhood “issues” with his parents which shaped his “adult” attitudes.
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I bet you didn’t write a 5-paragraph essay. 🙂 The powers that be in Illinois seemed to think that demonstrated the height of literacy. fortunately, I was well versed in the process.
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1996? How did this take so long? The people discriminated against could have had more than fair compensation and pensions. They could have had the fulfillment of being teachers. 25 years of litigation? Outrageous.
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Talk about fiddling while Rome burns! (And this is just one of the fires; another is the inaction on the Campaign for Fiscal Equity, which also goes back to the 1990s in NY state.)
With education “leaders” like these who concoct, administer, and assess the certification tests, is it any wonder that teachers are looking for other work, willing to work for less in non-public schools, or not entering the profession in the first place?
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Hi, l joined this case and l am a retired teacher. How do l claim this settlement? Some of my coworkers have received a lump sum and l was never notified by mail for this claim. Thank you so much for your reply to this message.
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Unions will know nothing.
Go here:
http://www.gulinolitigation.com/
Best wishes
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I am a retired teacher too, and I would like to know how I do I claim this settlement? A coworker have received a lump sum, and never received notification about this case.
Thank you.
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Contact the union.
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Go on Gulino v. BOE
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Union will know nothing.
Go here:
http://www.gulinolitigation.com/
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Unions will know nothing.
Go here:
http://www.gulinolitigation.com/
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I took that test in 2003 or 2004 and passed. I wasn’t teaching but took the test “just in case”. Any individual with a four year college degree who could not pass shouldn’t be teaching. That money should be going to affordable housing. I am an African American male btw.
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