![]() ![]() Unfortunately, because of historic injustices in America, these requirements made it more difficult for African-Americans to secure better-paid employment at the company. A complainant's right to bring suit under the Civil Rights Act of 1964 is not confined to charges as to which the EEOC has made a reasonable cause finding, and the District Court's error in holding to the contrary was not harmless, since the issues raised with respect to 703 (a) (1) were not identical to those with respect to 704 (a), and th. ![]() Duke Power was not technically practicing discrimination: it was merely setting conditions for employment. While I agree that Title VII expanded opportunities for African-Americans to be employed in a wider range of occupations than they were previously when discrimination was practiced openly by employers, I would disagree that the Civil Rights Act simply barred discrimination in all instances. In other words, employers cannot arbitrarily set requirements which have little to do with the actual job given that this can create a more unjust society and bar certain groups from advancement for no meaningful or justifiable reason. Plaintiffs appealed and we reversed the decision in part, 420 F.2d 1225 (4th Cir. The district court dismissed the complaint, Griggs v. However, Chief Justice Burger argued that "Congress has placed on employers the burden of showing that any given requirement must have a manifest relationship to the employment in question" (19: 4). The original action, which was a class action brought under Title VII of the Civil Rights Act of 1964, involved 13 named individual plaintiffs. Originally, the Court of Appeals found in favor of Duke, arguing that there was no apparent discriminatory intention behind these requirements. Duke later modified its policy by allowing employees to transfer to other departments, only if they attained satisfactory scores on two intelligence tests designed to measure mechanical aptitude.Īfrican-Americans argued that a high school diploma was not necessary to perform the jobs it was required for at the. ![]() After 1965 (when Title IIV of the Act became effective), Duke created a requirement that all transfers to other departments have a high school diploma, presumably to prevent African-Americans at the company from moving from Labor to more desirable, highly-paid positions in areas such as Maintenance, Operations, and Laboratory. Before the Civil Rights Act, the company practiced open discrimination against African-Americans, only hiring them as part of its Labor department and in 1955 created a requirement that all employees have a high school diploma for initial hiring except in the Labor department. The case involved the Duke Power hydroelectric plant in North Carolina. Supreme Court decision which stated that employers could not institute requirements that created de facto discrimination in the workplace that were not necessary for employment. ![]()
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