Jacobson v. Cincinnati Board of Education

961 F.2d 100 (1992)

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Jacobson v. Cincinnati Board of Education

United States Court of Appeals for the Sixth Circuit
961 F.2d 100 (1992)

EL

Facts

The Cincinnati board of education (defendant) adopted a transfer policy aimed at ensuring its schools’ faculty members reflected districtwide racial balance. The policy required the transfer of teachers between school districts if the percentage of Black teachers in any school was 5 percent greater or less than the percentage of Black teachers throughout the school system. Eight teachers and their union (plaintiffs) sued the board of education in federal district court, alleging the transfer policy violated the Equal Protection Clause of the Fourteenth Amendment. The teachers and union sought an injunction barring the policy, claiming a forced-transfer policy established race-based preferences that would fail under a court’s strict scrutiny. The board of education argued instead that the policy was permissible because it had no disparate impact on Black teachers. Further, the board of education argued that a court should review the racial classification with an intermediate level of scrutiny, which would require only that the court find that the classification served an important government objective. The district court found in favor of the board of education. The teachers and the union appealed to the United States Court of Appeals for the Sixth Circuit.

Rule of Law

Issue

Holding and Reasoning (Norris, J.)

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