Disparate Impact
Disparate Impact arises when an employer's practices unintentionally excludes a protected class disproportionately (Player, Shoben and Lieberwitz, 1995). A "protected class" is a group of people, with common characteristics, which Congress has determined must be protected from inequality ("On-the-Job Discrimination: Gender Discrimination," 2004). This paper will analyze the landmark disparate impact case of Griggs v. Duke Power Co. (401 U.S. 424, 1971) from its beginning to its conclusion in the Supreme Court. Included will be the facts of the case and the issues detailed, as well as the history of the case from initial filing to final ruling.
Background
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.
The case elaborated on the previous requirements as well as the "current" policies. In 1955, Duke Power began requiring a high school diploma for first assignment to all departments except the Labor Department, which was manned by black workers, as well as for any transfers from the Coal Handling Department to any of the three remaining "inside" departments. The three "inside" departments were Operations, Maintenance, and Laboratory. On July 2, 1965, Title VII's implementation date, Duke Power added that in addition to the high school diploma policy, employees had to pass two professionally prepared tests in order to be promoted or change departments. In September of the same year, the company allowed employees in the Labor and Coal Handling departments without a high school diploma, but who passed the two tests, to transfer to another "inside" department.
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
After applying the four-fifth’s rule, and examining the selection ratios for all job categories, it is determined that the evidence points to disparate impact discrimination.
One of the issues in the case EEOC v. Target Corp. is that the EEOC alleged that Target violated the Title VII of the Civil Rights Act of 1964 by engaging in race discrimination against African-American applicants who were interested in management positions. It is argued that Target did not give the opportunity to schedule an interview to plaintiffs, Kalisha White, Ralpheal Edgeston and Cherise Brown-Easley, because of racial discrimination. On the other hand, it argues that Target is in violation of the Act because the company failed to retain and present records that would determine if there was reason to believe that an unlawful practice had been committed.
The Tucker vs. Walgreen Company was a nationwide known class action case. It fell into the category of race discrimination. This cases was brought to the attention of the law by African Americans who were employed at this retail and pharmacy store. This pledged that they were being discriminated to by the following acts:failure to move up in positions (promotion), dieing them the opportunity to apply for assistant manager and manager, and being assigned to an undesirable store for an extended period of time compared to whites. They filed a class action lawsuit with the demand of compensatory and punitive damages and declaratory and injunctive relief. Along with these demands, the plaintiffs desired class certification for those who have been previously affected by the defendant’s discriminatory acts as well as any who will suffer from them in the future.
The company policy was implemented soon after the United States Congress passed the Title VII of the Civil Rights Act of 1964, the company installed this policy to keep the best jobs for white employees. This policy was a direct violation of the Title VII of the Civil Right Act of 1964, which impacted the way Duke Power handled new standards for hiring, promotion, and transfer promotion, and transfers. In order to work in positions outside of the labor department, Duke Power Company now required a high school diploma or scores on standardized IQ tests equal to those of the average high school graduate(Grigg’s). The new standard for hiring, promotions, and transfer was meant to provide a better workplace standard for all of the company. The thirteen african american employees of Duke Power Company did not feel this way, the employees lawyer Jack Greenberg argued against Duke Power Company policy changes in December 1970 by
The concept of discrimination is complex in the case of “The Big One” in this case, corporations in the United States of America such as Nike, Spalding, Microsoft and AT&T are not willing to change their ways of manufacturing their goods in third world countries and American detention centres, and this causes perfectly able bodied employees in the United States to become unemployed as more and more companies apply this measure to make additional profit for themsel...
Discrimination in the workplace continues to be topics and issues of discussion, despite efforts to minimize or eliminate its ugly head. Discrimination is defined as the unfair or prejudicial treatment of people based on race, gender, disability or age (Fieser, 2015). Furthermore, some companies has used other forms in conjunction with discrimination like sexual harassment to mask unjust treatment in the workplace. Lilly Ledbetter was an employee at Goodyear Tire & Rubber Company, Inc. for over 19 years. During this period, she consistently received low rankings in her annual performance-and-salary reviews. As a result, Lilly received significantly lower raises than her male counterparts, which led to her filing a civil lawsuit
The size of an organization and applicant pool has a larger impact on determining disparate impact than actual discriminatory procedures (Jacobs et al. 457). For instance, there could have been such as small percentage of females who wanted to apply for the job that only a few were qualified for the position of the small pool. If 10 females applied and only 4 were qualified and were hired, while 54 out of 100 men who applied met the qualifications and were hired then this is evidence of disparate impact. A decision about 1 individual could determine if it’s a disparate impact case (GFB, 43). It would be unfair for the company to have to hire an additional woman if she did not meet the qualifications of job which can cause a liability to the company in the future, all for the sake of meeting the constraints of the 4/5ths
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
"Title VII of the Civil Rights Act of 1964 is the single most important piece of legislation that has helped to shape and define employment law rights in this country (Bennett-Alexander & Hartman, 2001)". Title VII prohibits discrimination on the basis of race, color, age, gender, disability, religion and national origin. However, it was racial discrimination that was the moving force of the law that created a whirlwind of a variety of discriminations to be amended into Title VII. Title VII was a striving section of legislation, an effort which had never been tried which made the passage of the law an extremely uneasy task. This paper will discuss the evolution of Title VII as well as the impact Title VII has had in the workforce.
African American employees of the Dan River Steam Station of Duke Power Company in Draper, North Carolina, in a class action with the class defined as themselves and those (at that time) Negro employees who subsequently may be employed at the Dan River Steam Station and all Negroes who may hereafter seek employment at the station, appeal from a judgment of the district court dismissing their complaint brought under Title VII of the Civil Rights Act of 1964. (SCOTUS) (Duke Power Company will be referred to sometimes as Duke or the company.) The plaintiffs challenge the validity of the company's promotion and transfer system, which involves the use of general intelligence and mechanical ability tests, alleging racial discrimination and denial
...ant commissioners to apply jurisdiction in such cases (Weitzel 2011, 22). Labor relations were re-evaluated to allow hiring of the freemen. The bureau assisted in drafting of contracts on favorable terms to ensure that the planter and worker met their end of the bargain. Finally, the bureau enacted an educational system that allowed blacks to study so that they could take part in normal activities and protect themselves from discrimination that they had faced earlier.
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.
Abstract- Racial discrimination happens all the time and most of us are unaware of it. The most common place for this to happen is in the workplace. Now people can be discriminated against because of their race, religion, or any other numerous things. Also, discrimination can occur during the job interview or even after you got the job. This paper will shoe the effects of racial discrimination and how it can be prevented. In addition there are some very important laws that deal specifically with discrimination, like the NAACP or Affirmative Action. These both will be discussed.
Work plays an important role in our daily life, it is considered much more huge part of our personal life. During our daily work we make many relationships throughout our career history. Sometimes these relationships become lasting, and sometimes employment discrimination might happen. This relationships that we thought it last could be cut off by the devastation of claims of discriminatory treatment. Discrimination in the workforce has been an issue since the first people of workers in United States in the present day and as well in the past. Some employees were subjected to a harsh working conditions, verbal abuse, denial of advancement,, and many other injustices. There was also the fact that certain employees were being treated differently than other employees.