Porter, an African-American male, was rejected as an applicant for the Washington, D.C., Police Department because he failed to pass Test 21, a 328 Part verbal facility and reading comprehension test.

Porter discovered that African Americans fail Test 21 at a rate four times higher than that of Caucasian applicants. Porter files suit against the D.C. Police Department, alleging that the use of Test 21 constitutes race discrimination in violation of the Constitution’s Equal Protection clause.

How should the court rule on his claim? Can Porter bring any other legal challenges to the use of Test 21? Explain. See Washington v. Davis [426 U.S.

229 (1976)].