Warren E. Burger

Name: Griggs v. Duke Power Company — Opinion of the Court
Author: Warren E. Burger

Griggs v. Duke Power Company — Opinion of the Court

Summary

“Griggs v. Duke Power Company — Opinion of the Court”, is a work by Warren E. Burger. It explores elements such as Title VII, The Court of Appeals and job.

Quotes from Griggs v. Duke Power Company — Opinion of the Court (Warren E. Burger)

Warren E. Burger, Griggs v. Duke Power Company — Opinion of the Court

“ 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. The Act proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude Negroes cannot be shown to be related to job performance, the practice is prohibited. ”

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Source: Wikisource

Warren E. Burger, Griggs v. Duke Power Company — Opinion of the Court

“ There, because of the inferior education received by Negroes in North Carolina, this Court barred the institution of a literacy test for voter registration on the ground that the test would abridge the right to vote indirectly on account of race. Congress did not intend by Title VII, however, to guarantee a job to every person regardless of qualifications. In short, the Act does not command that any person be hired simply because he was formerly the subject of discrimination, or because he is a member of a minority group. ”

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Source: Wikisource

Warren E. Burger, Griggs v. Duke Power Company — Opinion of the Court

“ 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.
Nothing in the Act precludes the use of testing or measuring procedures; obviously they are useful. What Congress has forbidden is giving these devices and mechanisms controlling force unless they are demonstrably a reasonable measure of job performance. Congress has not commanded that the less qualified be preferred over the better qualified simply because of minority origins. ”

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Source: Wikisource

Warren E. Burger, Griggs v. Duke Power Company — Opinion of the Court

“ The Court of Appeals held that the Company had adopted the diploma and test requirements without any 'intention to discriminate against Negro employees.' 420 F.2d, at 1232. 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. ”

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Source: Wikisource

Warren E. Burger, Griggs v. Duke Power Company — Opinion of the Court

“ 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. ”

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Source: Wikisource

Warren E. Burger, Griggs v. Duke Power Company — Opinion of the Court

“ In September 1965 the Company began to permit incumbent employees who lacked a high school education to qualify for transfer from Labor or Coal Handling to an 'inside' job by passing two tests-the Wonderlic Personnel Test, which purports to measure general intelligence, and the Bennett Mechanical Comprehension Test. ”

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Source: Wikisource

Warren E. Burger, Griggs v. Duke Power Company — Opinion of the Court

“ The Company added a further requirement for new employees on July 2, 1965, the date on which Title VII became effective. To qualify for placement in any but the Labor Department it become necessary to register satisfactory scores on two professionally prepared aptitude tests, as well as to have a high school education. 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. ”

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Source: Wikisource

Warren E. Burger, Griggs v. Duke Power Company — Opinion of the Court

“ 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. Diplomas and tests are useful servants, but Congress has mandated the commonsense proposition that they are not to become masters of reality. ”

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Source: Wikisource

Warren E. Burger, Griggs v. Duke Power Company — Opinion of the Court

“ Under the Act, practices, procedures, or tests neutral on their face, and even neutral in terms of intent, cannot be maintained if they operate to 'freeze' the status quo of prior discriminatory employment practices. ”

Warren E. Burger

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