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Griggs v duke power ruling
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Griggs v. Duke Power is a pivotal case concerning employment discrimination. Duke Power, an electric company in the Carolinas, implemented specific education requirements and testing for new and existing employees. The requirements included a high school diploma and a passing score on two separate professionally prepared aptitude tests. The two required aptitude tests were the Wonderlic Personnel Test and the Bennett Mechanical Comprehension Test. The test requirements went into effect on July 2, 1965 which coincided with the effective date of Title VII. The results of the testing was that “whites scored far better on the Company’s alternate requirements than Negros” 420 F.2d 1225, 1239 n. 6. The key issue was whether or not the testing was
The Plessy vs. Ferguson (1896) ‘equal but separate’ decision robbed it of its meaning and confirmed this wasn’t the case as the court indicated this ruling did not violate black citizenship and did not imply superior and inferior treatment ,but it indeed did as it openly permitted racial discrimination in a landmark decision of a 8-1 majority ruling, it being said was controversial, as white schools and facilities received near to more than double funding than black facilities negatively contradicted the movement previous efforts on equality and maintaining that oppression on
The name of this case and the specific facts, however, were unavailable at this time.9 Obviously affirmative action and reverse discrimination are still heavily debated issues. This is because they affect all people of all races and ethnicities. Conclusion Allan Bakke was denied his fourteenth amendment right to equal protection of the laws. In addition the University of California at Davis violated Title IV of the 1964 Civil Rights Act. By order of the Supreme Court Bakke was admitted and th e numerical quotas of the special admissions program were deemed unconstitutional. Justice was served to Bakke, but future generations who are not minorities may be plagued by the other half of the decision: That race may still be used as a "plus" on an application.
In order to prove the existence of purposeful discrimination, McCleskey must first demonstrate that he belonged to a group “that is a recognizable, distinct class, singled out for different treatment” (McCleskey v. Kemp 318). Here, McCleskey relied on the Baldus study,...
Personally, these solutions merely scratch the surface for solving what Moynihan feels is the overall problem in the Negro family. He acknowledges the severity of the issue but one-sidedly offers solutions to fix them. In the conclusion of the report Moynihan fails to recognize that the White community is also at fault for the downhill plunge of the black family. In 1965 civil rights were at its peak, and he slightly brushes across the impact racism has on black individuals. Trying to be unbiased in critiquing his solutions proved to be challenging because of the bias incorporated in his argument.
Davis, Michelle R. “Title IX Panel Contemplates Easing Proportionality Test.” Education Week 11 Dec. 2002: 22.
Brown, Frank the Journal of Negro Education, Vol. 73, No. 3, Special Issue: Brown v. Board of Education at 50 (summer, 2004), pp. 182-190.
A class action suit was brought against Duke Power Company by thirteen of its black workers in the Dan River Stream Station located at Draper, North Carolina. Out of five departments, black employees were only hired into the Labor Department. These workers charged that they were being disqualified for job promotions and assignments based on the company's policies requiring a high school diploma and passing two professionally prepared aptitude tests. The petitioners argued that white employees who were hired before the high school education requirement was implemented still received promotions and were scored satisfactorily, but their black counterparts did not receive the same "grandfather" exception. Also noted was the highest paid black made a lower wage than the lowest paid white employee in any of the other four departments.
Another even more high news case was Ricci v. DeStefano. This landmark case ,most likely lead to Griffin and Low being rewarded as they were, started in 2003 when nineteen firefighters filled a lawsuit against the city of New Haven, Connecticut alleging that the city discriminated against them regarding promotions. Of these firefighters, seventeen are Caucasian and two are Hispanic, had all passed the city test for promotions to management. New Haven officials invalidated the test results because none of the b...
Just because a student is black does not mean they are low skilled or uneducated because as mentioned in the court case black people also lived in white neighborhoods. White people can also come from a low-income family. I think standardized testing is biased because of the achievement gap, which whites have more access to resources while many other races do not have that opportunity. This includes schools with money do better because of the education they are providing to their students. This can also lead to the fact that many students are horrible in test taking, but are really passionate and involved in extracurriculars in
The question whether the government should be able to use racial categories when it is beneficial, and not discriminatory to minorities who have a history of being discriminated against. The Supreme Court first looked into this question, in the case of Bakke v. Regents, University of California. Allan Bakke, a 35 year old white male who applied to UC-Davis Medical School, claimed that he was denied admission although his test scores and grades were considerably better than the minority applicants who were
... discriminatory practices were directed against blacks as a group. ...Preferential treatment programs are meant to offset the disadvantages imposed by racism so that Blacks are not forced to bear the principal costs of that error. ...To condemn policies meant to correct for racial barriers as themselves erecting barriers is to ignore the difference between action and reaction, cause and effect, aggression and self-defense...”. He concludes by stating that “Affirmative action is directed toward empowering those groups that have been adversely affected by past and present exclusionary practices. Initiatives to abolish preferential treatment would inflict a grave injustice on African Americans, for they signal a reluctance to acknowledge that the plight of African Americans is the result of institutional practices that require institutional responses. (Pg.218) [10/12]
Toldson, Ivory A. "Editor's Comment: When Standardized Tests Miss The Mark." Journal Of Negro Education 81.3 (2012): 181-185. Academic Search Complete. Web. 13 Nov. 2013.
Schipani, C. (2013). Class Action Litigation After Dukes: In Search of a Remedy for Gender Discrimination in Employment. University of Michigan Journal of Law Reform, 46(4), 1249-1277.
Jones, Ed. “Is affirmative action necessary? NO: It’s time to judge on merit.” Denver Post 24 July 2003: B,07.
The results of this experiment are an example of the exclusion of minority races in today’s