![]() ![]() It has - to resort again to the fable - provided that the vessel in which the milk is proffered be one all seekers can use. ![]() On the contrary, Congress has now required that the posture and condition of the job seeker be taken into account. Chief Justice Burger explained:Ĭongress 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. In its opinion, the Court emphasized that Title VII aimed to achieve equality of employment opportunities. The Supreme Court unanimously held that Duke Power’s high school graduation requirement and aptitude tests violated Title VII of the 1964 Civil Rights Act. Supreme Court’s Opinion in Griggs v Duke Power Co It held that absent such discriminatory purpose, use of the requirements was permitted, and rejected the claim that, because a disproportionate number of African Americans was rendered ineligible for promotion, transfer, or employment, the requirements were unlawful unless shown to be job-related. The Court of Appeals reversed in part, rejecting the holding that residual discrimination arising from prior practices was insulated from the remedial action, but agreed with the lower court that there was no showing of discriminatory purpose in the adoption of the diploma and test requirements. The District Court found that Duke Energy’s former policy of racial discrimination had ended and that Title VII, being prospective only, did not reach the prior inequities. Meanwhile, Section 703(h) authorizes the use of any professionally developed ability test, provided that it is not designed, intended, or used to discriminate. Section 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. These requirements were not directed at or intended to measure the ability to learn to perform a particular job or category of jobs. Facts of Griggs v Duke Power CoĪfrican American workers at Duke Energy Co.’s generating plant filed a lawsuit pursuant to Title VII of the Civil Rights Act of 1964, challenging the company’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. Otherwise, they run afoul of Title VII of the 1964 Civil Rights Act. ![]() Supreme Court held that aptitude tests used by employers that disparately impact ethnic minority groups must be reasonably related to the job. ![]()
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