Note that this is due to both the racial disparity in test results, and the weak relationship between teacher test results and student results. From my reading

Note that this is due to both the racial disparity in test results, and the weak relationship between teacher test results and student results. From my reading of the decision it would be allowed if the tests actually served an important purpose. NYC recently settled a similar case: https://gothamist.com/news/city-pay-largest-ever-settlement-nyc-teachers-affected-discriminatory-certification-tests https://gothamist.com/news/city-pay-largest-ever-settlement-...