Testing or measuring procedures cannot be determinative in employment decisions unless they have some connection to the job. The case did not involve evidence that Duke Power intended its policy to harm black workers. The Aftermath of Griggs vs. Duke Power Company Case 1108 Words | 4 Pages. The workers argued that, because of the inferior segregated education available to blacks in North Carolina, a disproportionate number of African Americans were rendered ineligible for promotion, transfer, or employment. Both were adopted, as the Court of Appeals noted, without meaningful study of their relationship to job performance ability. griggs v duke power company which prohibits. The Supreme Court ruled that under Title VII of the Civil Rights Act of 1964, if such tests disparately impact ethnic minority groups, businesses must demonstrate that such tests are "reasonably related" to the job for which the test is required. 1970). Griggs v. Duke Power Co. also held that the employer had the burden of producing and proving the business necessity of a test. Congress has now provided that tests or criteria for employment or promotion may not provide equality of opportunity merely in the sense of the fabled offer of milk to the stork and the fox. It is generally considered the first case of its type. Duke Power Co. Case, Synopsis: [4], The Supreme Court ruled that under Title VII of the Civil Rights Act of 1964, if such tests disparately impact ethnic minority groups, businesses must demonstrate that such tests are * * *' 78 Stat. [6] The promotion record of present employees who would not be able to meet the new criteria thus suggests the possibility that the requirements may not be needed even for the limited purpose of preserving the avowed policy of advancement within the Company. In 1991, the Civil Rights Act was amended to overturn that portion of the Wards Cove decision. 420 F.2d 1225, 1239 n. 6. citing U.S. Bureau of the Census, U.S. Census of Population: 1960, Vol. 4-2 Statutory Law 87 4-2a Bills 87 4-2b Discrimination: Congress and the Courts 88 4-2c Debate 89 4-2d Statutory Interpretation 91 Landmark Case: Griggs v. Duke Power Co. 92 Duke Power Co. 92 4-2e Changing Times 93 4-2f Voters’ Role 93 4-2g Congressional Override 93 We do not suggest that either the District Court or the Court of Appeals erred in examining the employer's intent; but good intent or absence of discriminatory intent does not redeem employment procedures or testing mechanisms that operate as "built-in headwinds" for minority groups and are unrelated to measuring job capability. The ruling effectively forbids employers from using arbitrary tests—such as those for measuring IQ or literacy—to evaluate an employee or a potential employee, a practice that some companies at the time were using as a way to get around rules that forbid outright racial discrimination. This article was most recently revised and updated by, https://www.britannica.com/event/Griggs-v-Duke-Power-Co, North Carolina History Project - Griggs v. Duke Power. October 1, 2020 12:40 pm; Uncategorized; no comment; It has no applicability to the high school diploma requirement. high school diplomas were not related to success as a coal handler Negro employees at respondent's generating plant brought this action, pursuant to Title VII of the Civil Rights Act of 1964, challenging respondent's requirement of a high school diploma or passing of intelligence tests as a condition of employment in or transfer to jobs at the plant. The Supreme Court granted certiorari. Plaintiffs appealed and we reversed the decision in part, 420 F.2d 1225 (4th Cir. The plaintiffs in the case, the employees, argued that those requirements did not measure a person’s ability to perform a particular job or category of jobs and were instead attempts to get around laws forbidding discrimination in the workplace. On the contrary, Congress has now required that the posture and condition of the job seeker be taken into account. It has -- to resort again to the fable -- provided that the vessel in which the milk is proffered be one all seekers can use. Argued December 14, 1970 . The case was argued before the Supreme Court on December 14, 1970, and the court issued its ruling on March 8 of the following year. The touchstone is business necessity. This page was last edited on 11 September 2020, at 22:23. The Center for Excellence in Higher Education (CEHE) provided financial support, and we appreciate the insights of an anonymous reviewer. On the record before us, neither the high school completion requirement nor the general intelligence test is shown to bear a demonstrable relationship to successful performance of the jobs for which it was used. (“Disparate impact” describes a situation in which adverse effects of criteria—such as those applied to candidates for employment or promotion—occur primarily among people belonging to certain groups, such as racial minorities, regardless of the apparent neutrality of the criteria.) (The Washington v. Davis test for disparate i… TO THE RULE OF GRIGGS V. DUKE POWER COMPANY James P. Scanlan* In Connecticut v. Teal1 the Supreme Court issued a ruling of major importance to the way the law defines employment dis­ crimination. The Bennett Mechanical Comprehension Test was a test of mechanical aptitude, and the Wonderlic Cognitive Ability Test was an IQ test measuring general intelligence. Chief Justice Burger wrote the majority opinion.[5]. Griggs v. Duke Power Co. No. 5662.) The court ruled unanimously against the intelligence testing practices of the Duke Power Company. Neither of the tests measured job performance at the power plant. The respondent was the Duke Power Company. David Frum asserts that before Griggs, employers did not have to separate intentional wrongs from unintentional wrongs if they treated all applicants equally by appearances.[8]. This is my short human resource project on the Griggs vs Duke Power Company Court Case. Duke Power Company, which prohibits Course. Griggs v. Duke Power Company (Dec 14, 1970-Mar 8, 1971) – prohibits intelligence tests in hiring process, saying it limits minorities like women, and suggests hiring process should be proportionate to population. George W. Ferguson, Jr., for respondent. In the context of this case, it is unnecessary to reach the question whether testing requirements that take into account capability for the next succeeding position or related future promotion might be utilized upon a showing that such long-range requirements fulfill a genuine business need. The test though consistently weeded out Blacks from the promotion pool. [4], The Supreme Court ruled that under Title VII of the Civil Rights Act of 1964, if such tests disparately impact ethnic minority groups, businesses must demonstrate that such tests are "reasonably related" to the job for which the test is required. Our main motive is that our students should pass their exams with flying colors. African-Americans were relegated to the labor department, where the highest-paid worker earned less than the lowest-paid Lawrence M. Cohen for the Chamber of Commerce of the United States, as amicus curiae. Griggs vs. Duke Power Co. (1971) was a case that helped shape current labor laws after the implementation of Title VII. the best jobs were reserved for whites. Griggs v. Duke Power: Disparate Impact Without Discriminatory Intent. However, in Wards Cove Packing Co. v. Atonio (1989),[7] the Court reduced the employer's (Wards Cove Packing Company) burden to producing only evidence of business justification. According to the 1960 Census, while 34% of white males in North Carolina had high-school diplomas, only 18% of blacks did. Griggs v. Duke Power Co. Case Brief. Argued Dec. 14, 1970. The district court dismissed the complaint, Griggs v. Duke Power Company, 292 F.Supp. 420 F.2d at 1232. Griggs filed a class action on behalf of twelve African American employees, claiming this diploma/testing policy violated Title VII by disproportionately impacting black workers. 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