1. Griggs v. Duke Power Co., (1971)
2. Facts: A company had an employment screening procedure that required the applicants to take a general intelligence test and have a high school diploma. The practical effect was that fewer blacks were being hired, and the standards were not shown to have a predictive affect on job performance.
3. Issue: Whether, in a Title VII case, the giving of general intelligence tests and requiring a high school diploma for employment are violations of equal protection if the practical result is to statistically exclude more blacks than whites, and the tests do not have a demonstrated predictive affect on job performance.
4. Holding: Yes.
5. Reasoning: Artificial and unnecessary barriers to employment operate invidiously to discriminate against blacks. The motive of good or bad intent does not change the fact that the practical affect of the employment standards was discrimination against blacks. Congress intended to prevent the consequences of racially biased employment screens, not just the motivation behind them.
6. Notes: In Wards Cove Packing Co. v. Atonio, the court held that mere statistical data alone was not enough to show discriminatory effect of policies. The burden was on the plaintiff to show that qualified individuals were being discriminated against, and that the source of the unequal representation of races in the work force was due to the particular policy in issue, and not to other causes that are beyond the control of the employer. However, the dissent stated that the majority position would make it too difficult for legitimate claims to overcome the burden of proof. However, in Jefferson v. Hackney, the court rejected a de-facto challenge to a state welfare benefit calculation law (granting less “need” to AFDC recipients), stating that just because there were “naked statistics” showing more minorities in AFDC rather than other welfare programs, did not mean that the law violated the 14th amendment.
