The Court also observed that the jobs in question formerly had been filled only by white employees as part of Duke Power’s long-standing practice of giving preference to whites. If you have questions about any particular issue or problem, you should contact your attorney.

The Court of Appeals was confronted with a question of first impression, as are we, concerning the meaning of Title VII. 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. Neither was directed or intended to measure the ability to learn to perform a particular job or category of jobs. [Footnote 8] That section authorizes the use of "any professionally developed ability test" that is not "designed, intended or used to discriminate because of race.

ethics quiz 7 - Question 1 5 out of 5 points Answer SelectedAnswer CorrectAnswer Question 2 5 out of 5 point, 21 out of 22 people found this document helpful. at 432; see also Civil Rights Act of 1964, §§ 701 et seq., 703(a) (2), (h), 42 U.S.C. Both were adopted, as the Court of Appeals noted, without meaningful study of their relationship to job performance ability. at 7012-7013; Hill, id.

Title VII of the Civil Rights Act of 1964 prohibits employers from treating employees differently because of their race, sex, or religion. The Court of Appeals also required that the seniority rights of those Negroes be measured on a plant-wide, rather than a departmental, basis. The Court of Appeals majority, in finding no requirement in Title VII that employment tests be job-related, relied in part on a quotation from an earlier Clark-Case interpretative memorandum addressed to the question of the constitutionality of Title VII. 399 U.S. 926.

. 110 Cong.Rec. It has no applicability to the high school diploma requirement.

The employees in Griggs argued this policy violated Title VII because it disproportionately impacted black workers. Request Permissions. The Michigan Law Review began publication in 1902 and is the sixth oldest legal journal in the country. Seven of each volume's eight issues ordinarily are composed of articles by legal scholars and practitioners, and notes written by the student editors. C) employees must try to "undo" their disabilities. All the petitioners are employed at the Company's Dan River Steam Station, a power generating facility located at Draper, North Carolina. Question 10 5 out of 5 points Pollution permits are an example of which of the, Correct Answer when the contract is created Question 7 4 out of 4 points In the, Correct Answer Bundlin g Question 17 3 out of 3 points To influence government, A landlords substantial interference with a tenants use of the property is, Correct Answer employers must make reasonable accommodations for disabled, Correct Answer logical skills Question 4 5 out of 5 points According to David, Correct Answer the corporate invasion of employees civil rights is rampant, Question 2 5 out of 5 points According to David Ewing Answer Selected Answer.
The Court also observed that the jobs in question formerly had been filled only by white employees as part of Duke Power’s long-standing practice of giving preference to whites. Griggs also paved the way for the Civil Rights Act of 1991 (text here) which codified the “disparate impact” theory of discrimination endorsed by Griggs. The Act does not preclude the use of testing or measuring procedures, but it does proscribe giving them controlling force unless. Which of the following is one of those reasons? The Review originally was intended as a forum for the faculty of the Law Department to publish their legal scholarship. If you would like to request a consultation with attorney Tim Coffield, you may call 1-434-218-3133 or send an email to info@coffieldlaw.com.

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. . 5662.) 401 U. S. 433-436. Copyright 2020 Coffield PLC. Intent is not dispositive. ", 110 Cong.Rec. , because Duke Power failed to show that these standards were significantly related to successful job performance, and both requirements operated to disqualify minority workers at a substantially higher rate than white applicants. are now used.

at 8447; Tower, id. (a) It shall be an unlawful employment practice for an employer -- ", "(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee because of such individual's race, color, religion, sex, or national origin. For example, in, Duke Power had a policy that required employees in all but its lowest-paying jobs to have a high school diploma or pass “intelligence” tests. There was no evidence Duke Power intended this policy to discriminate against minority workers. Far from disparaging job qualifications as such, Congress has made such qualifications the controlling factor, so that race, religion, nationality, and sex become irrelevant. 1, Characteristics of the Population, pt. [Footnote 2] Promotions were normally made within each department on the basis of job seniority. Duke Power later amended this policy to allow employees who had not graduated high school to transfer from labor to other departments provided they were able to garner certain scores on “intelligence” tests. If you have questions about any particular issue or problem, you should contact your attorney. at 9600.

they are demonstrably a reasonable measure of job performance. Discriminatory preference for any group, minority or majority, is precisely and only what Congress has proscribed. That case suggested that standardized tests on which whites performed better than Negroes could never be used. From its inception until 1940, the Review's student members worked under the direction of faculty members who served as Editor-in-Chief.

Question 6 5 out of 5 points Griggs v. Duke Power Company, which prohibits Answer . We have tutors online 24/7 who can help you get unstuck. The amendment was then adopted. Login via your Selected Answer: Correct Answer: employers from requiring a high school education as a prerequisite for employment or promotion without demonstrable evidence that the associated skills relate directly to job performance. 703. Indeed, the very purpose of title VII is to promote hiring on the basis of job qualifications, rather than on the basis of race or color. A) A sympathetic strike occurs when workers who have no particular grievance of their own and who may or may not have the same employer decide to strike in support of others.
[Footnote 12] 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. [Footnote 4] The Court of Appeals noted, however, that the District Court was correct in its conclusion that there was no showing of a racial purpose or invidious intent in the adoption of the high school diploma requirement or general intelligence test, and that these standards had been applied fairly to whites and Negroes alike.