A federal judge just tossed out the Justice Department’s lawsuit against Minneapolis Public Schools over its teacher layoff policy — not because it’s legal, but because the union that negotiated the contract wasn’t included as a defendant. The policy gives priority to teachers from “underrepresented” groups during layoffs, even if they have less seniority — effectively favoring Black teachers over white ones. The judge called this racial discrimination built into the contract, even if it hasn’t been used yet. He didn’t rule on whether the policy is illegal, but made clear it harms white teachers by weakening their seniority rights. Individual teachers can still file complaints with EEOC. The case is off the table for now — but the debate rages on.

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