The decision, in plaintiffs favor, marked a profound and enduring challenge to the dominance of white males in the workplace. On march 8, 1971, the supreme court of the united states decided a case, griggs v. Duke power had a long history of segregating employees by race. United states of america, the united states court of appeal for the fourth circuit date of decision. The supreme court unanimously held that duke powers high school graduation requirement and aptitude tests violated title vii of the 1964 civil rights act. Defendant who challenged defendants job requirements as a violation of title vii of the civil rights act because they disparately impacted african american applicants and were not tied to job performance. The case involved the duke power hydroelectric plant in north carolina. Certiorari to the united states court of appeals for the fourth circuit no. Prior to title vii, black employees could not work in four of the five departments at duke nor could they achieve the same wage as a white employee. Argued december 14, 1970 decided march 8, 1971 negro employees at respondents generating plant brought this action, pursuant to title vii of. In griggs, plaintiffs argued that duke powers reliance on two aptitude tests discriminated against minority groups. District court for the eastern district of michigan. Griggs was the first major decision defining the applicability of the civil rights act of 1964 to the area of employment law, and one of the first to confirm the acts application to private endeavors in general.
Supreme court of the united states december 14, 1970, argued. It is generally considered the first case of its type. Brennan took no part in the consideration or decision of the case. Supreme court, in a unanimous decision on march 8, 1971, established the legal precedent. Duke power was to legitimize the socalled disparate impact theorythe idea that if a qualification had a disparate impact on a specific group, an organization could justify that qualification only if it could prove a business related purpose for such a requirement. Implications for college credentialing, by bryan okeefe and richard vedder, explores the impact of the griggs v. Chief justice burger delivered the opinion of the court. Testing or measuring procedures cannot be determinative in employment decisions unless they have some.
On march 8, 1971, the supreme court of the united states decided a case,griggs v. Citations are generated automatically from bibliographic data as a convenience, and may not be complete or accurate. Negro employees at respondents generating plant brought this action, pursuant to title vii of the civil rights act of 1964, challenging respondents requirement of a high school diploma or passing of intelligence tests as a condition of employment in or. Duke power company find, read and cite all the research you need on researchgate. Class action by negro employees against employer alleging that employment practices violated civil rights act. Title vii of the civil rights act of 1964 wikisource has original text related to this article. Pdf on mar 1, 1977, stuart m schmidt and others published beyond griggs v. The courts order and opinion, i anticipate, will not have staying power.
Disparate impact describes a situation in which adverse effects of. The theory of disparate impact arose from the supreme courts landmark decision in griggs v. We granted the writ in this case to resolve the question whether an employer is prohibited by the civil rights act of 1964, title vii, from requiring a high school education426 or passing of a standardized. Listen to the oral argument in griggs v duke power. Learn vocabulary, terms, and more with flashcards, games, and other study tools. It concerned employment discrimination and the disparate impact theory and was decided on march 8, 1971. Although earlier in this opinion we upheld the district courts finding that the company had engaged in discriminatory hiring practices prior to the act and we concluded also that the educational and testing requirements adopted by the company continued the effects of this prior. The opinion in griggs made it clear that a neutral practice that operates to exclude minorities is nevertheless lawful if it serves a valid business purpose. It concerned employment discrimination and the adverse impact theory, and was decided on march 8, 1971. The touchstone is business necessity, the court stressed. Get free access to the complete judgment in griggs v. Most leaders dont even know the game theyre in simon sinek at live2lead 2016 duration. Debating disparate impact in griggs interpreting title. Duke power 1971, the supreme court ruled that, under title vii of the 1964 civil rights act, tests measuring intelligence could not be used in hiring and firing decisions.
Griggs plaintiff was an african american employee of duke power co. In griggs, ldf represented a group of thirteen africanamerican employees who worked at the duke power company s dan river steam station, a power generating facility located in draper, north carolina. Griggs challenged duke s inside transfer policy, requiring employees who want to work in all but the companys lowest paying labor department to register a minimum score on two separate aptitude tests in addition to having a high school education. In its prior opinion, this court held that septas use. Supreme court, in a unanimous decision on march 8, 1971, established the legal precedent for socalled disparateimpact lawsuits involving instances of racial discrimination. Dec 20, 2017 we granted the writ in this case to resolve the question whether an employer is prohibited by the civil rights act of 1964, title vii, from requiring a high school education or passing of a standardized general intelligence test as a condition of employment in or transfer to jobs when a neither standard is shown to be significantly related to successful job performance, b both requirements. When employment requirements have a disparate impact on minorities and are not related to successful job performance, they violate title vii of the civil rights act of 1964 even when there is no discriminatory intent.
Debating disparate impact in griggs interpreting title vii. Griggs v duke power naacp legal defense and educational fund. Griggs was the first major decision defining the applicability of the civil rights act of 1964 to the area. Forbes takes privacy seriously and is committed to transparency. Ted sims and khiara bridges for comments on an earlier draft of this essay. Duke power co a group of africanamerican employees sued their employer, duke power company, for a policy that mandated a high school diploma and satisfactory scores on two general aptitude tests in order to advance in the company.