You Be the Judge 5: Gulino v. Board of Education of the City School District of New York

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Read the "You Be the Judge" on p. 359 of the text. It is the case ofGulino v. Board of Education of the City School District of New York.

Review the facts, and the arguments of each party in the case.

The issue is:did the test violate Title VII?

Review the disparate treatment anddisparate impact sections in section 19-2a.

1. What type of discrimination (disparate treatment or disparate impact) is alleged in the case?

2. What are the requirements for the type of discrimination that is alleged by the plaintiffs? State the elements that are required.

3. Were these elements proven? Was the discrimination proven?

As the judge, decide for one party or the other. State your reasoning. Go beyond reiterating the arguments given in the text. Also, don't rely on your instinct. Apply the law.