In 1992, Public Advocates sued California on behalf of 50,000 African American, Latinx, and Asian educators who had been denied employment in CA public schools since the CBEST test (The California Basic Education Skills Test) had been implemented in 1982. An en banc panel of 11 Ninth Circuit judges disagreed with the State’s argument that discrimination would have to be intentional to challenge the test and agreed with the plaintiffs that state teacher tests must be job-related. Applying that standard, the State’s own experts recommended changes to the test that resulted in elimination of several discriminatory test questions as well as an increase of the time allotted to complete the testing to the benefit of tens of thousands of test-takers of color annually.