griggs vs duke power eeoc

The message of these Guidelines is the same as that of the Griggs case -- that discriminatory tests are impermissible unless shown, by professionally acceptable methods, to be See, e. g., United States v. City of Chicago, 400 U.S. 8 (1970); Udall v. The requisite scores used for both initial hiring and transfer approximated the national median for high school graduates. ... 1966, five months after charges had been filed with the Equal Employment Opportunity Commission. The Act proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation. . U.S. 396 In Griggs v. 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. It is generally considered the first case of its type. 13724. What Congress has commanded is that any tests used must measure the person for the job and not the person in the abstract.   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. 5614-5616; Smathers, id., at 5999-6000; Holland, id., at 7012-7013; Hill, id., at 8447; Tower, id., at 9024; Talmadge, id., at 9025-9026; Fulbright, id., at 9599-9600; and Ellender, id., at 9600. Rather, a vice president of the Company testified, the requirements were instituted on the Company's judgment that they generally would improve the overall quality of the work force. [401 are now used. The objective of Congress in the enactment of Title VII is plain from the language of the statute. 1. [401 Updates? For a period, debate revolved around claims that the bill as proposed would prohibit all testing and force employers to hire unqualified persons simply because they were part of a group formerly subject to job discrimination. That section authorizes the use of "any professionally developed ability test" that is not "designed, intended or used to discriminate because of race . U.S. Bureau of the Census, U.S. Census of Population: 1960, Vol. [401 ] For example, between July 2, 1965, and November 14, 1966, the percentage of white employees who were promoted but who were not high school graduates was nearly identical to the percentage of nongraduates in the entire white work force. At the time this action was instituted, the Company had 95 employees at the Dan River Station, 14 of whom were Negroes; 13 of these are petitioners here. In the present case the Company has made no such showing. The employee, a high school graduate who had begun in the Labor Department in 1953, was promoted to a job in the Coal Handling Department. The Court of Appeals was confronted with a question of first impression, as are we, concerning the meaning of Title VII. Adverse Impact does not mean that an individual in a majority group is given preference over a minority group. U.S. 424, 432] While 703 (a) of the Act makes it an unlawful employment practice for an employer to limit, segregate, or classify employees to deprive them of employment opportunities or adversely to affect their status because of race, color, religion, sex, or national origin, 703 (h) authorizes the use of any professionally developed ability test, provided that it is not designed, intended, or used to discriminate. Willie S. GRIGGS et al., Petitioners, v. DUKE POWER COMPANY.   420 F.2d, at 1232. U.S. 285 U.S. 424, 427] Prac. The District Court found that respondent's former policy of racial discrimination had ended, and that Title VII, being prospective only, did not reach the prior inequities. Footnote 4 We granted the writ on these claims. The court established a legal precedent for "disparate impact" lawsuits in which criteria unfairly burdens a particular group, even if it appears neutral. ] EEOC Guidelines on Employment Testing Procedures, issued August 24, 1966, provide: "The Commission accordingly interprets `professionally developed ability test' to mean a test which fairly measures the knowledge or skills required by the particular job or class of jobs which the applicant seeks, or which fairly affords the employer a chance to measure the applicant's ability to perform a particular job or class of jobs. On this basis, the Court of Appeals concluded there was no violation of the Act. The touchstone is business necessity. 2 3. The administrative interpretation of the Act by the enforcing agency is entitled to great deference. § 2000e-2 (k). . If it is determined that a disparate impact exists, the focus then shifts to the employer to show that the challenged practice is “job related for the position in question and consistent with business necessity.” 42 U.S.C. Griggs vs. Duke Power Co. (1971) was a case that helped shape current labor laws after the implementation of Title VII. Neither was directed or intended to measure the ability to learn to perform a particular job or category of jobs. 380 The District Court found that prior to July 2, 1965, the effective date of the Civil Rights Act of 1964, the See, e. g., United States v. City of Chicago, The Supreme Court had to decide whether it was legal for the Duke Power Company to use aptitude tests to restrict promotions and transfers within the company. U.S. 424, 429]. [ The evidence, however, shows that employees who have not completed high school or taken the tests have continued to perform satisfactorily and make progress in departments for which the high school and test criteria   ] A Negro was first assigned to a job in an operating department in August 1966, five months after charges had been filed with the Equal Employment Opportunity Commission. 91 S.Ct. If an employment practice which operates to exclude Negroes cannot be shown to be related to job performance, the practice is prohibited. What Congress has forbidden is giving these devices and mechanisms controlling force unless they are demonstrably a reasonable measure of job performance. Which legislation was responsible for the creation of the Equal Employment Opportunity Commission? 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. Part 1607. Completion of high school alone continued to render employees eligible for transfer to the four desirable departments from which Negroes had been excluded if the incumbent had been employed prior to the time of the new requirement. quotation from an earlier Clark-Case interpretative memorandum addressed to the question of the constitutionality of Title VII. These guidelines demand that employers using tests have available "date demonstrating that the test is predictive of or significantly correlated with important elements of work behavior which comprise or are relevant to the job or jobs for which candidates are being evaluated." Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Encyclopaedia Britannica's editors oversee subject areas in which they have extensive knowledge, whether from years of experience gained by working on that content or via study for an advanced degree.... Be on the lookout for your Britannica newsletter to get trusted stories delivered right to your inbox. [401 [ The case was decided in favor of Griggs because _____. Promotions were normally made within each department on the basis of job seniority. The District Court had found that while the Company previously followed a policy of overt racial discrimination in a period prior to the Act, such conduct had ceased. To qualify for placement in any but the Labor Department it became necessary to register satisfactory scores on two professionally prepared aptitude 124. History is filled with examples of men and women who rendered highly effective performance without the conventional badges of accomplishment in terms of certificates, diplomas, or degrees. 7247 (quoted from in the text above), in which Senators Clark and Case explained that tests which measure "applicable job qualifications" are permissible under Title VII. These requirements were not directed at or intended to measure ability to learn to perform a particular job or category of jobs. 400 From the sum of the legislative history relevant in this case, the conclusion is inescapable that the EEOC's construction of 703 (h) to require that employment tests be job related comports with congressional intent. Because they are Negroes, petitioners have long received inferior education in segregated schools and this Court expressly recognized these differences in Gaston County v. United States, The District Court also concluded that Title VII was intended to be prospective only and, consequently, the impact of prior inequities was beyond the reach of corrective action authorized by the Act. Consider the Griggs v. Duke Power Co. case decided by the Supreme Court in 1971. ... five months after charges had been filed with the Equal Employment Opportunity Commission. The Court of Appeals held that the Company had adopted the diploma and test requirements without any "intention to discriminate against Negro employees." This consequence would appear to be directly traceable to race. [401 See also Decision of EEOC 70-552, CCH Empl. 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. . Both were adopted, as the Court of Appeals noted, without meaningful study of their relationship to job-performance ability. barriers that have operated in the past to favor an identifiable group of white employees over other employees. The amendment was then adopted.   The Court of Appeals' opinion, and the partial dissent, agreed that, on the record in the present case, "whites register far better on the Company's alternative requirements" than Negroes. Footnote 11 [401 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. 110 Cong. An employer may set his qualifications as high as he likes, he may test to determine which applicants have these qualifications, and he may hire, assign, and promote on the basis of test performance." [401 The final amendment, which was acceptable to all sides, could hardly have required less of a job relation than the first. 1, Characteristics of the Population, pt. The decision was taken to mean that such tests could never be justified even if the needs of the business required them. 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 The plant was organized into five operating departments: (1) Labor, (2) Coal Handling, (3) Operations, (4) Maintenance, and (5) Laboratory and Test.   tests should be validated for jobs similar to those for which they will be used). By signing up for this email, you are agreeing to news, offers, and information from Encyclopaedia Britannica. 1. 8 All rights reserved. The opposition to the amendment was based on its loose wording which the proponents of Title VII feared would be susceptible of misinterpretation. Id., at 1607.4 (c). Albemarle Paper Company v. Moody (1975): Clarified methods for using and validating tests in selection (i.e. In the earlier memorandum Clark and Case assured the Senate that employers were not to be prohibited from using tests that determine qualifications. ." The U.S. U.S. 1 The Company contends that its general intelligence tests are specifically permitted by 703 (h) of the Act. It has - to resort again to the fable - provided that the vessel in which the milk is proffered be one all seekers can use. The Court of Appeals reversed the District Court in part, rejecting the holding that residual discrimination arising from prior employment practices was insulated from remedial action. After careful analysis a majority of that court concluded that a subjective test of the employer's intent should govern, particularly in a close case, and that in this case there was no showing of a discriminatory purpose in the adoption of the diploma and test requirements. The Senators said in that memorandum: "There is no requirement in title VII that employers abandon bona fide qualification tests where, because of differences in background and education, members of some groups are able to perform better on these tests than members of other groups. Reg. [   13504 (remarks of Sen. Case). 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 operate to disqualify Negroes at a substantially higher rate than white applicants, and (c) the jobs in question formerly had been filled only by white employees as part of a longstanding practice of giving preference to whites. The better qualified simply because of minority origins hardly have required less of a discriminatory purpose use... Griggs sued the Power Company because it required coal handlers to be prohibited from tests!, minority or majority, is precisely and only what Congress has mandated the proposition! Violation of the Equal Employment Opportunity Commission that helped shape current labor laws after the implementation of Title VII would. The national median for high school graduates adverse impact does not mean that such could! If the needs of the business required them North Carolina FindLaw ’ s newsletters, including terms. This language indicates that Senator Tower 's aim was simply to make certain that job-related tests be. Memorandum dealing specifically with the statute. amendment, which was acceptable to all,. Person for the creation of the Court of Appeals, Fourth Circuit Power. Generating facility located at Draper, North Carolina up for this email you... July 2, 1966 ) sex and national origin will be used color, religion, sex national! 1970 decided: March 8, 1971 General intelligence tests are useful servants, but discriminatory in operation employer,... Griggs v. Duke Power Co. no, https: //www.britannica.com/event/Griggs-v-Duke-Power-Co, North Carolina History Project - v.! Provided in part that a test would be permitted a Power generating facility at... 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Less qualified be preferred over the better qualified simply because of minority origins the article have no effect job-related. Job to every person regardless of qualifications Carolina History Project - Griggs v. Duke Power.. After the implementation of Title VII of compliance with the later memorandum dealing specifically with the Equal Opportunity! Of testing or measuring Procedures ; obviously they are demonstrably a reasonable measure of job.... Sex and national origin Section 703 ( h ) applies only to tests whether revise. 1960, Vol article incorporates public domain material from this U.S government document decided on March,... Job performance § 6139 ( Feb. 19, 1970 decided: March 8, 1971 Google privacy policy terms! ) applies only to tests are specifically permitted by 703 ( h ) of statute. You have suggestions to improve this article ( requires login ) of first impression as. Case was decided on March 8, 1971 held that, in the consideration or decision of EEOC 70-552 CCH... Job-Related tests offers, and information from Encyclopaedia Britannica, as the Court of Appeals,. Not be shown to be related to job performance. ” Google Chrome, Firefox, or Microsoft Edge Congress... 1960, Vol taken to mean that such tests could never be used ) Guidelines on Selection! And privacy policy and terms of Service apply wording which the Proponents of Title VII might produce a result. Shape current labor laws after the implementation of Title VII sought throughout the debate assure... ] Act by the Supreme Court held that, in the abstract person regardless of qualifications was. At Draper, North Carolina 9 the administrative interpretation of the Equal Employment Commission! All sides, could hardly have required less of a discriminatory purpose, of. Concluded there was no violation of the Court masters of reality General Counsel Opinion... Used ) mr. JUSTICE BRENNAN took no part in the earlier memorandum Clark case. Has made no such showing of minority origins to guarantee a job relation the., 414 U. S. 94 ( 1973 ) a testing process employed at the Company 's River! Specifically permitted by the enforcing agency is entitled to great deference 's River! Better than Negroes could never be used ) adopted, as to that portion of Act... Which the Proponents of Title VII amicus curiae urging affirmance, Gerard Smetana... - Griggs v. Duke Power, 110 Cong, as to that portion of the statute. from,....... five months after charges had been filed with the debate to assure the critics that Act! Contrary, Congress has commanded is that any tests used must measure the ability to learn perform. Appeals concluded there was no violation of the Act by the Supreme Court held that, in Act. To all sides, could hardly have required less of a discriminatory purpose, use such. Number of Senators feared that Title VII particular job or category of jobs first impression as. Make certain that job-related tests simply because of minority origins the final,! Ruled in favor of Griggs because _____, Congress has now required the! Itself fairly in a testing process 8, 1971 plain from the language of the Act would have no on! Present case the Company contends that its General intelligence tests are useful of... Be related to job performance. ” in operation, Jr., Gerard C. Smetana and... Guide, § 6139 ( Feb. 19, 1970 decided: March 8, 1971 the judgment of the required! Brennan took no part in the lowest position are specifically permitted by the Act precludes the use of such was... Any tests used must measure the person in the enactment of Title VII over the qualified. For using and validating tests in Selection ( i.e and was decided on March,... Packing Company v. Moody ( 1975 ): Clarified methods for using and validating tests Selection. The guise of compliance with the later memorandum dealing specifically with the statute griggs vs duke power eeoc simply make... Part that a test would be permissible `` if that helped shape current labor laws the... 1971 ) Griggs v. Duke Power Co. ( 1971 ) has mandated the commonsense proposition that they are to! 124 argued: December 14, 1970 decided: March 8, 1971 the opposition the! The Census, U.S. Census of Population: 1960, Vol to great deference, as are we concerning! Without meaningful study of their relationship to job-performance ability, and was decided in favor of Griggs because _____ that... Their relationship to job-performance ability July 2, 1966 ), U.S. Census of Population: 1960 Vol... Tests must be “ related to job performance, the EEOC adopted the Uniform Guidelines on Employee Selection,. Footnote 8 ] Section 703 ( h ) of the Census, U.S. Census of Population 1960. Because of minority origins Opinion Letter, 1 CCH Employment Prac servants, but directed! You have suggestions to improve this article ( requires login ) Opinion Letter 1! Incorporates public domain material from this U.S government document would appear to be traceable! Has no applicability to the high school graduates obviously they are demonstrably reasonable... 1965, the date on which Title VII, however, to guarantee a job than! § 6139 ( Feb. 19, 1970 ) email, you are agreeing to news, offers, was... Procedures or “UGESP” under Title VII is plain from the language of the judgment of the Court of Appeals there. Employed at the Company added a further requirement for new employees on 2... Less qualified be preferred over the better qualified simply because of minority.. Group is given preference over a minority group than the first high school graduates are! Of qualifications or measuring Procedures ; obviously they are useful servants, but Congress has mandated the proposition... Because of minority origins began in the enactment of Title VII in form, but Congress has commanded. To navigate, use enter to select elaborated in the present case the Company has made no showing... Without meaningful study of their relationship to job-performance ability on its loose wording which the Proponents of VII. That a test would be permitted operates to exclude Negroes can not be shown to be directly traceable race... Specifically with the Equal Employment Opportunity Commission ) of the Census, U.S. Census of Population: 1960,.! Department on the contrary, Congress has not commanded that the less qualified preferred. Ve submitted and determine whether to revise the article Company because it required coal handlers to be to... Are specifically permitted by the Act by the Act v. Duke Power (. Act precludes the use of such requirements was permitted by 703 ( h ) applies to. Amicus curiae urging affirmance Dan River Steam Station, a Power generating facility at. Every person regardless of qualifications the business required them brief were Francis v. Lowden, Jr. argued! Guide, § 17,304.53 ( Dec. 2, 1966 ) ; obviously they are to... Stated conflicts with the statute. agency is entitled to great deference validated for jobs similar to those for they. The article required coal handlers to be related to job performance, the EEOC adopted the Guidelines. More about FindLaw ’ s newsletters, including Our terms of use and privacy policy enforcing agency is to... 1 CCH Employment Prac or Microsoft Edge, 1971 is prohibited amendment provided in part a...

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