Question

o Please research then discuss the facts of Griggs v. Duke Power Co., 401 U.S. 424 (1971), and relate how this case impacts law enforcement.

Answer 1

Primary Holding
Even if there is no discriminatory intent, an employer may not use a job requirement that functionally excludes members of a certain race if it has no relation to measuring performance of job duties. Testing or measuring procedures cannot be determinative in employment decisions unless they have some connection to the job.
Facts
An employer imposed a requirement preliminary to employment or transfer of having a high school diploma or passing an intelligence test. These were general tests that were not related to aptitude for the particular job, but they were considered legal under Title VII of the Civil Rights Act as long as they were not intended or used to discriminate. The lower court found no discriminatory purpose in the employer's use of the preliminary requirements and did not find that they needed to be job-related, even though there was a disparate impact on African-American employees and prospective employees.
Case Commentary
This case showed that discrimination could be found on the basis of disparate impact as well as an overtly discriminatory purpose. Employers thus could not camouflage their discriminatory intent through ostensibly neutral tests that disfavored certain groups without being targeted to test their job ability.

Griggs v. Duke Power Co., 401 U.S. 424 (1971), was a court case argued before the Supreme Court of the United States on December 14, 1970. ... The Supreme Court ruled that the company's employment requirements did not pertain to applicants' ability to perform the job, and so were discriminating against black employees.