Law Practice,
Civil Rights,
State Bar & Bar Associations
Sep. 6, 2017
California’s bar pass score has a clear disparate impact
The disparate impact of the current minimum passing score is not being questioned. The State Bar’s own statistics appear clear on the matter.
Mitchel L. Winick
President and Dean
Monterey College of Law
Mitchel is president and dean of a non-profit California accredited law school system that includes Monterey College of Law, San Luis Obispo College of Law, and Kern County College of Law. He was one of eight deans invited by the California Supreme Court to an informal meeting in October 2019 to discuss concerns about the California bar exam. He is former chair of the Committee of Bar Examiners Rules Advisory Committee and a former member of the Law School Council representing the California Accredited Law Schools.
Does the minimum passing score on the California bar exam violate Title VII of the Civil Rights Act of 1964? After all, the act states that it is an unlawful employment practice if a respondent uses a particular practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity.
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