Duke power company introduction the growing importance of testing in america has been well documented. Novel claims were also few and far between, with the only distinctive claim. Griggs created a strong legal presumption that it is discriminatory for employers to hire on the basis of iq tests. Duke power company was a landmark employment discrimination case decided by the u.
The objective of congress in title vii was to achieve equality of employment opportunities. Before title vii was implemented in the year, 1964, duke power had demonstrated history of discrimination against black employees by keeping them at low pay or not. Duke power that, when minority groups are disproportionately affected or suffer a. Duke power 1971, the united states supreme court ruled in favor of the plaintiffs, finding such employment practices violated title 7 of the civil rights act of 1964 when they disparately affected minorities. It was griggs against duke power company having to do with. The funds litigation team pushed both the class action and back. Title vii of the civil rights act of 1964 in 1971, the united states supreme court in griggs v duke power company u. The theory of disparate impact arose from the supreme courts landmark decision in griggs v. On march 8, 1971, the supreme court of the united states decided a case, griggs v. After 1965, the company required a high school diploma and. A company had an employment screening procedure that required the applicants to take a general intelligence test and have a high school diploma.
The case originated in a lawsuit filed by willie griggs and twelve other africanamerican employees of duke power s dan river hydroelectric plant in draper, north carolina. Duke power company case is actually the first disparate impact case. Week 8 quiz 7 question 1 5 out of 5 points griggs v duke. He was listed first in the initial lawsuit, which is why the famous case bears his name. Griggs vs duke power essay example for free newyorkessays database with more than 65000 college essays for studying. The lawyers who invoke griggs often argue that, as a direct result, employers turned. Because the government has effectively made it illegal for employers to use any other method than a college credential to determine whether you are intelligent and worthy of their time to train. A scholar who was finishing a book on employment discrimina. Duke power, the supreme court case that held that policies that disproportionately harm minority employees can violate federal employment discrimination law even without evidence of intentional discrimination, recently turned forty. Supreme court, in a unanimous decision on march 8, 1971, established the legal precedent for socalled disparateimpact lawsuits involving instances of racial discrimination disparate impact describes a situation in which adverse effects of criteriasuch as those applied to candidates for employment or promotionoccur. However, knowledgeable judges, scholars, and litigators quickly acknowledged how griggs, a case involving employment discrimination, actually had an import far beyond several more historically notable rulings. So you are, as another responder said, a captive audience. When lawyers hear about the signaling model of education, they often invoke the supreme court case of griggs vs.
We can thank the supreme court for credential inflation the. 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. Griggs versus duke power and the struggle for equal employment. It concerned employment discrimination and the disparate impact theory and was decided on march 8, 1971.
Supreme court ruled 80 in favor of africanamerican employees who challenged the use of standardized tests by. The practical effect was that fewer blacks were being hired, and the standards were not shown to have a predictive affect on job performance. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Before the civil rights act became effective in 1965, the duke power company in north carolina openly discriminated against africanamerican employees by allowing them to only work in the lowest paid division of the company. Busting the collegeindustrial complex national affairs. 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. Supreme court took a stand on this issue in 1971 in the case of griggs v. Willie griggs and the twelve other african american employees can prove one or more of the prima facie elements, for example they are members of a protected class because of their ethnicity they were. Griggs versus duke power and the struggle for equal employment opportunity. Duke power provided the ground rules by which the statute it interpreted, title vii of the civil rights act of 1964, became a powerful engine of demographic change in the workplace. Duke power company, which prohibits answer selected answer. Duke power even when test are valid and reliable, they can be unfair for example, if the tests are culturally biased or if the skills they measure are irrelevant to job performance. Since the act and its legislative history support the commissions construction, this affords good reason to. Was it illegal to discriminate on the basis of intelligence in the united.
Supreme court on march 8, 1971, the decision did not draw prominent headlines. Rather than pushing disparate impact theory, advocates have advanced argu. Explain how the current event relates to this subject area, provide sources about the issue, and apply any recommendations. First, the author clearly follows and explains the events in using title 7 of the 1964 civil rights act to force desegregation of private companies in this case, of a duke power coalfired electric power plant. It concerned employment discrimination and the adverse impact theory, and was decided on march 8, 1971. Certiorari to the united states court of appeals for the fourth circuit syllabus. Professor david labaree nailed that point in his book how to. The book isnt really just about griggs vs duke, since there are only four chapters that. 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. Case that banned iq tests for employment, directly benefiting blacks.
Power and politics power and politics are noticeable in everyday life whether it is at work, school, television, or even childrens sports team. 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. 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 transfer to jobs at the plant. Seven years later, the supreme court unanimously ruled in griggs v. There is always somebody with either self imposed or justified power making decisions and practicing a form of politics. The supreme court ruled that the companys employment requirements did not pertain to applicants. Supreme court held that aptitude tests used by employers that disparately impact. Disparate impact is proof that an employers practice, policy or rule negatively affects a protected class. Debating disparate impact in griggs interpreting title. The highestpaid black employee in the labor department made less than the lowestpaid white employee in any other department.
Atonio 1989, 7 the court reduced the employers wards cove packing company burden to producing only evidence of business justification. The decision, in plaintiffs favor, marked a profound and enduring challenge to the dominance of white males in the workplace. In their hotly debated 2011 book, academically adrift, scholars richard arum and. It is generally considered the first case of its type. Contributor names burger, warren earl judge supreme court of the united states author created published 1970 subject headings. This article is based on a book that the author is writing on the landmark civil rights case of.
257 1130 647 706 1085 1418 933 450 658 706 332 1360 978 1158 231 1162 1256 412 1400 476 263 445 358 335 400 666 1420 157 186 824 1077 368