The Equal Protection Clause and Disparate Impact

In this episode…Dean Emily Gold Waldman of the Elisabeth Haub School of Law at Pace University explains how to deal with a statute that is facially neutral but has a disparate impact with respect to a class that has a heightened review. Some key takeaways... Impact + Intent triggers the need for heightened reviewA law that is facially neutral but has a disparate impact and discriminatory intent as to sex triggers intermediate scrutinyA law that is facially neutral but has disparate impact and discriminatory intent as to race triggers strict scrutinyDiscriminatory intent means that the government wanted the law to have that disparate impact, not just that the government was aware of the impactAbout our guest...Professor Emily Gold Waldman joined the Pace faculty in 2006, after clerking for the Honorable Robert A. Katzmann, Chief Judge of the United States Court of Appeals for the Second Circuit. At Pace, she teaches Constitutional Law, Law & Education, Employment Law Survey, and Civil Procedure. She has also served for many years as the Faculty Director of the law school's Federal Judicial Honors Program, which places students in externships with federal judges in the Second Circuit, Third Circuit, Southern District of New York, Eastern District of New York, and District of Connecticut.  From 2003-05, she practiced in the litigation department of Debevoise & Plimpton LLP; prior to that, she clerked for the Honorable William G. Young, United States District Judge for the District of Massachusetts. She served as the chair of the AALS Section on Education Law during the 2011-12 school year, is a member of the Executive Committee of the AALS Section on Employment Discrimination, and is also a member of the Second Circuit's Judicial Council Committee on Civic Education & Public Engagement. Professor Waldman received the law school's Ottinger Award for Faculty Achievement in 2015 and 2018, the Professor of the Year Award from the Black Law Students Association in 2013, and the Goettel Prize for Faculty Scholarship in 2008. She currently serves as the Associate Dean for Faculty Development and Operations.  She also appears on the Richard French Live show as a commentator about the Supreme Court-As always, if you have any suggestions for an episode topic, please let us know!You can email leslie@lawtofact.com or tweet @lawtofact.-Find us on Twitter, Instagram, and Facebook!Review us on iTunes, your opinion matters!-Want to stay updated on all things Law to Fact?Join our mailing list by visiting www.LawToFact.com.-This episode is sponsored by Kaplan Bar Review. Getting ready for the bar exam means you’ll need to choose the study program that’s right for you. Kaplan Bar Review will get you ready to take on test day with confidence by offering $100 off live and on-demand Bar Review with offer code Leslie100.Visit kaplanbarreview.com today to sign up.