Forging Ahead Beyond Intent

You must be a Clearinghouse Review subscriber to view this article. Log in or subscribe.

In 1976 in Washington v. Davis the U.S. Supreme Court rejected the disparate impact test for discrimination in favor of the intent doctrine. The new requirement created great difficulties for plaintiffs alleging discrimination in that it required proof that a law or policy with discriminatory results was motivated by intentional discrimination. A growing body of social science research into how discrimination truly operates offers advocates tools with which to challenge the intent doctrine. While the task appears daunting, advocates should look for inspiration to the decades-long struggle that culminated in Brown v. Board of Education.

By Eva Jefferson Paterson, Kimberly Thomas Rapp, and Shannon Seibert From September-October 2006