In Washington v. Davis, two African American applicants, who were rejected for positions as police officers in Washington, D.C., challenged the validity of a written test administered as part of the police force's application process. The test, known as 'Test 21,' was claimed to disproportionately disqualify African American candidates, as a higher rate of African American applicants failed the test compared to white applicants. The plaintiffs argued that the test, although facially neutral, was unconstitutional under the Fifth Amendment's Due Process Clause because of its disparate impact on African Americans.
Whether a law or policy that has a disparate impact on a racial group violates the Equal Protection Clause of the Fourteenth Amendment, or its counterpart under the Fifth Amendment, absent a showing of discriminatory intent.
A facially neutral law does not violate the Equal Protection Clause of the Fourteenth Amendment simply because it has a disparate impact on a particular racial group unless there is proof of a racially discriminatory intent or purpose.
The Court held that the plaintiffs failed to prove that the government's administration of 'Test 21' was motivated by a discriminatory intent. Simply showing that the test had a disparate impact was insufficient to establish a constitutional violation.
The Court reasoned that the Constitution requires proof of a discriminatory purpose as the basis for an equal protection violation, rather than merely a disparate impact. The Court emphasized the difference between governmental policies that are discriminatory in intent and those that result in unintended adverse effects on certain racial groups. This principle was underscored by practical concerns—if mere impact was sufficient, almost any statute might be subject to invalidation, trampling legitimate legislative goals. Thus, judicial intervention requires clear evidence that the policy-maker's actions were motivated by racial considerations.
Washington v. Davis is central to equal protection jurisprudence because it establishes that disparate impact alone is insufficient to demonstrate racial discrimination under the U.S. Constitution. This case directs that plaintiffs must demonstrate intentional discrimination to succeed in these claims. The decision delineates the boundary for when courts may intervene in policy determinations, thus affecting a range of areas from employment law to housing policy. It remains a critical point of reference for law students examining the structure and limitations of constitutional claims of discrimination.
Washington v. Davis represents a critical juncture in constitutional law, delineating the requirements for proving racial discrimination under the Equal Protection Clause. The decision underscores the need for plaintiffs to produce evidence of discriminatory intent in cases alleging constitutional violations, thus narrowing the pathways for judicial intervention in policy-making while simultaneously safeguarding against unwarranted intrusions into legitimate governmental purposes.