A highschool diplomas were not related to job success as a coal handler b duke power company intended to discriminate based on race. Disparate impact describes a situation in which adverse effects of. Chapter 40 the resurgence of conservatism, 19801992. It strengthened the federal governments power to end segregation in schools and other public places. The theory of disparate impact arose from the supreme courts landmark decision in griggs v. Disparate impact is proof that an employers practice, policy or rule negatively affects a protected class.
Duke power company will be referred to sometimes as duke or the company. A company had an employment screening procedure that required the applicants to take a general intelligence test and have a high school diploma. Duke power story robert belton, edited by stephen l. It concerned employment discrimination and the adverse impact theory, and was decided on march 8, 1971.
In 1955, the company added the requirement of a high school diploma for its higher paid jobs. Proof of discrimination is not needed by the plaintiff i. Jack greenberg remembers attending columbia university law school, working for the naacp legal defense and education fund, and arguing the brown v. Duke power company case is actually the first disparate impact case. He discusses working on many other civil rights cases, such as coke v. Supreme court on march 8, 1971, the decision did not draw prominent headlines.
The court ruled unanimously against the intelligence testing practices of the duke power company. Griggs was codified into law in 1991 through the civil rights act of 1991. A version of this article will appear in a forthcoming book, federal statutory. 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. Disparate impact discrimination the supreme court addressed the problem of disparate impact discrimination in its landmark decision, griggs v. Duke power company introduction the growing importance of testing in america has been well documented. Case study griggs vs duke 1 griggs v duke power co james flagg 25 nov overview issue facts laws analysis findings conclusion issue did duke power. Griggs plaintiff was an african american employee of duke power co.
Duke power s dan river plant had a policy that blacks were allowed to work only in its labor department, which constituted the lowestpaying positions in the company. 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. Group of thirteen african americans filed suit against duke power company in north carolina for racial discrimination highest paid africanamerican in their delegated section earned less than the lowest paid worker in all four of the whites only. In griggs, the court explained that title vii of the civil rights act proscribes not only overt discrimination but also practices that are fair in form. Case study griggs vs duke 1 griggs v duke power co james. Ability tests so utilized often decide who will be hired, transferred, or promoted for jobs. Supreme court ruled 80 in favor of africanamerican employees who challenged the use of standardized tests by an employee with a past history. Certiorari to the united states court of appeals for the fourth circuit syllabus. Labor, coal, operations, maintenance, and labtest transferees usually started in the lowest positionbased on seniority congress passed title vii of the civil rights act of 1964 duke power stopped expressly. Jack greenberg oral history interview conducted by joseph.
The griggs decision clearly left the burden of proof on the employer to demonstrate that. Under a company policy adopted in 1965, no worker would be considered for higher. The decision, in plaintiffs favor, marked a profound and enduring challenge to the dominance of white males in the workplace. Duke power company, which prohibits answer selected answer. It is generally considered the first case of its type. Title vii of the civil rights act of 1964 in 1971, the united states supreme court in griggs v duke power company u. African american employees challenged duke power s policies requiring a high school diploma or passing of intelligence tests as a condition of employment in.
In his opinion, chief justice warren burger argued. 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. 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. Griggs versus duke power and the struggle for equal. Griggs versus duke power and the struggle for equal employment opportunity. Answer to what important precedents were set by the griggs v. Supreme court took a stand on this issue in 1971 in the case of griggs v. 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. 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. Nov 06, 2014 the case arose when willie griggs and fourteen other black employees of duke power company sought promotions. What important precedents were set by the griggs v. 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. In the first phase of the lob analysis, a questionnaire instrument was developed, based on the work of 48 teachers in 6 cotmittees representing 2 school distticts. Case study griggs vs duke 1 griggs v duke power co.
It concerned the legality, under title vii of the civil rights act of 1964, of high school diplomas and intelligence test scores as prerequisites for employment. Duke power co seems to come up a lot here as a scapegoat. This article is based on a book that the author is writing on the landmark civil rights case of griggs v. Pdf on mar 1, 1977, stuart m schmidt and others published beyond griggs v. 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.
The decision, in plaintiffs favor, marked a profound and enduring. Nov 17, 2014 most leaders dont even know the game theyre in simon sinek at live2lead 2016 duration. The plaintiffs challenge the validity of the companys promotion and transfer system, which involves the use of general intelligence and mechanical ability tests, alleging racial discrimination and denial of equal opportunity to advance into jobs classified above the. Duke power company, griggs sued the power company because it required coal handlers to be highschool graduates. Book by rachel carson that was a piece of muckraking that exposed the poisonous effects of pesticides.
Prior to the passage of title vii of the civil rights act of 1964, which prohibited employment discrimination, employers throughout the south and elsewhere in the united states used racial classifications to intentionally discriminate against african americans in hiring decisions. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Willie griggs filed a class action, on behalf of several fellow african american employees, against his employer duke power company. Essay about disparate impactdisparate treatment 878 words. Introduction the supreme court decision was only one month old when i entered prison, and i do not believe that i had even the vaguest idea of its importance or historical significance. The supreme court ruled that the companys employment requirements did not pertain to applicants. 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. 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. President johnson convinced congress to pass the civil rights act of 1964, banning racial discrimination in most private facilities open to the public. Fundamentals of human resource management, 2e dessler. Constitutional law racial discrimination in employment. Most leaders dont even know the game theyre in simon sinek at live2lead 2016 duration. The supreme court ruled that the companys employment requirements did.
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. The practical effect was that fewer blacks were being hired, and the standards were not shown to have a predictive affect on job performance. Resources did duke power companys interdepartmental transfer policy, requiring a high school education and the achievement of minimum scores on two separate aptitude tests, violate title vii of the 1964 civil rights act. Cortney hoffman march 22, 2015 blr 222 mw griggs v. Week 8 quiz 7 question 1 5 out of 5 points griggs v duke.
Duke power, prior to the act, had followed a policy of overt discrimination by confining those blacks hired to the labor department, in which the highest paying jobs. Griggs established the doctrinal foundations for the disparate impact theory. Charlottemecklenburg board of education, and griggs v. Jun 12, 2017 following is the case brief for griggs v. 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 that likewise were handed. On march 8, 1971, the supreme court of the united states decided a case, griggs v. Sozialwissenschaften, recht, wirtschaft recht beschreibung. Argued december 14, 1970 decided march 8, 1971 negro employees at respondents generating plant brought this action, pursuant to title vii of.
In the other departments wages ranged from a minimum of. It concerned employment discrimination and the disparate impact theory and was decided on march 8, 1971. Certiorari to the united states court of appeals for the fourth circuit no. 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. 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. This is the supreme court case that said companies cant use anything like an iq test to help in job interviews unless they can prove in court theyre not being racist.
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