Equity in assessment concerns all educational authorities and practitioners. While educators commonly consider issues of equity in terms of accommodations for students with special needs, or addressing cultural difference, equity issues in educational assessment have emerged outside these bases. This paper examines equity assessment issues, drawing predominantly on case history from the United States of America (US) with examples from Australia and England, to demonstrate areas that may draw legal consideration. The discussion shows that the legal standard to establish inequity is high and sometimes illogical from an educational perspective. The paper is intended to assist understanding of legal implications of educational assessment in order to reduce the likelihood of legal claims and the resultant redirection of valuable resources from educational provision. The discussion is also intended to broaden thinking on matters that impact on the provision of equitable educational and assessment opportunities for all students. (Contains 4 notes.)