They had alleged that test takers who are Black or Hispanic are “far less likely” to pass than test takers who are white, pointing to the social work association’s data about passing rates.
In Alameda v. Association of Social Work Boards, the Second Circuit, in an unpublished summary order, affirmed, as modified, the district court’s dismissal of a putative class action by social work exam takers levying claims of racial discrimination by the Association of Social Work Board (ASWB), which is the nonprofit organization that develops, administers, and scores exams used by government entities to license candidates as Licensed Master Social Workers (LMSW) and Licensed Clinical Social Worker (LCSW). The named plaintiffs are exam takers who repeatedly failed one of those two exams.
Data and study. The test-takers, relying on data made available by ASWB, as well as a report by Rutgers School of Social Work faculty (the “Rutgers study”), claim that the exams produced disparate outcomes for Black and Hispanic/Latino candidates and that the defendant intentionally maintained those disparities in violation of Title VII, 42 U.S.C. § 1981, and the New York State Human Rights Law. They alleged that test takers who are Black or Hispanic are “far less likely” to pass than test takers who are white. For example, in the court below they cited statistics from the Rutgers Study that they asserted “conclude[] that Black test takers were 5.193 times more likely to fail, and Hispanic/Latino test...
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