Employment Litigation · Primary-source case analysis

Teal: A Favorable Bottom Line Does Not Excuse a Discriminatory Promotion Barrier

By Aneeta Mishra and Timothy Chan

Published September 4, 2026

Connecticut v. Teal concerned provisionally promoted supervisors who failed a written test and were eliminated from further consideration even though the employer’s final promotion totals favored Black candidates overall.

The examination was a distinct barrier

The pass-fail test excluded a disproportionate share of Black candidates from competing at later stages.

Overall numbers did not erase individual harm

Title VII protects each employee’s opportunity to compete on job-related criteria, not only the group’s final numerical outcome.

The employer still had to justify the test

A favorable bottom line did not eliminate the need to show that an adverse-impact examination measured skills related to effective job performance.

The appellate judgment was affirmed

The Court permitted the employees to pursue their claim against the specific promotional barrier.

Key takeaways

• Identify each discrete screening device.
• Measure impact at the stage where exclusion occurs.
• Preserve validation evidence connecting the test to the job.
• Do not rely only on final workforce totals.