The test had a disparate impact on Black applicants, who were rejected at more than twice the rate of white applicants. But the Supreme Court held that this alone was not enough to prove discrimination. The court said that plaintiffs must show that the government acted with discriminatory intent.
This ruling has been used to uphold countless laws and policies that have a disproportionate impact on people of color, even when there is no evidence of intentional discrimination. This violates the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), which requires countries to take steps to eliminate policies and practices that have a disparate impact, whether intentional or unintentional.
Washington v. Davis needs to be overturned if we are truly committed to eradicating systemic racism in America. We must ensure that all laws and policies comply with CERD’s requirement for eliminating racial disparities, regardless of intent.
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