Census of Population: 1960, Vol. But if the tests that's used or the educational requirement that's used screens out members of a race or of a group protected by the statute and does not predict who can do the job or does not have predictive validity as the industrial psychologist use the terminus this record use the term, then it cannot be justified merely on the basis of good faith. Rather, a vice-president of the Company testified, the requirements were instituted on the Company's judgment that they generally would improve the overall quality of the workforce. The test standards are thus more stringent than the high school requirement, since they would screen out approximately half of all high school graduates. These requirements were not directed at or intended to measure ability to learn to perform a particular job or category of jobs. Congress has not commanded that the less qualified be preferred over the better qualified simply because of minority origins.
Black employees were subjected to working the lowest paid laborer positions, while the white employees were paid significantly higher for laborer positions. 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. 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. Duke Power Company Warren E. After careful analysis, a majority of that court concluded that a subjective test of the employer's intent should govern, particularly in a close case, and that, in this case, there was no showing of a discriminatory purpose in the adoption of the diploma and test requirements. Congress has now provided that tests or criteria for employment or promotion may not provide equality of opportunity merely in the sense of the fabled offer of milk to the stork and the fox. The administrative interpretation of the Act by the enforcing agency is entitled to great deference.
Duke Power Company, 401 U. Once job seekers or employees establish that there is a , the burden of proof shifts to employers on the ground that they, not the employees, are in the best position to know why a practice is necessary. It held that, absent such discriminatory purpose, use of the requirements was permitted, and rejected the claim that, because a disproportionate number of Negroes was rendered ineligible for promotion, transfer, or employment, the requirements were unlawful unless shown to be job-related. The question was see Oyez. The Company contends that its general intelligence tests are specifically permitted by § 703 h of the Act. Nothing in the Act precludes the use of testing or measuring procedures; obviously they are useful.
On appeal from a district court's dismissal of the claim, the Court of Appeals found no discriminatory practices. Indeed, the white employees hired before the requirements were imposed performed entirely satisfactorily. This article has not yet received a rating on the. In the present case, the Company has made no such showing. It has -- to resort again to the fable -- provided that the vessel in which the milk is proffered be one all seekers can use. This is commonly proven by a statistical demonstration of a disparity that is not likely to have occurred by chance. All the petitioners are employed at the Company's Dan River Steam Station, a power generating facility located at Draper, North Carolina.
The tests purportedly measured general intelligence but had no relation to job-performance ability. . Because they are Negroes, petitioners have long received inferior education in segregated schools, and this Court expressly recognized these differences in Gaston County v. This article has been rated as Start-Class on the. In North Carolina, 1960 census statistics show that, while 34% of white males had completed high school, only 12% of Negro males had done so. The decision was taken to mean that such tests could never be justified even if the needs of the business required them. What Congress has commanded is that any tests used must measure the person for the job, and not the person in the abstract.
Standardized tests and degree requirements prevented them from becoming eligible for promotions or transfers. Discriminatory preference for any group, minority or majority, is precisely and only what Congress has proscribed. The Court of Appeals reversed in part, rejecting the holding that residual discrimination arising from prior practices was insulated from the remedial action, but agreed with the lower court that there was no showing of discriminatory purpose in the adoption of the diploma and test requirements. The evidence, however, shows that employees who have not completed high school or taken the tests have continued to perform satisfactorily, and make progress in departments for which the high school and test criteria are now used. Since the Act and its legislative history support the Commission's construction, this affords good reason to treat the guidelines as expressing the will of Congress. City of Chicago, 1970 ; Udall v.
Far from disparaging job qualifications as such, Congress has made such qualifications the controlling factor, so that race, religion, nationality, and sex become irrelevant. Or was it only that the Labor Department was all Negro and that the other departments Coal Handling did have some Negroes in it or not? The court overturned the rulings of the lower courts, deciding in favor of Griggs. What Congress has forbidden is giving these devices and mechanisms controlling force unless they are demonstrably a reasonable measure of job performance. On the contrary, Congress has now required that the posture and condition of the job seeker be taken into account. The requisite scores used for both initial hiring and transfer approximated the national median for high school graduates.
Census of Population: 1960, Vol. To qualify for placement in any but the Labor Department, it became necessary to register satisfactory scores on two professionally prepared aptitude tests, as well as to have a high school education. The Act does not preclude the use of testing or measuring procedures, but it does proscribe giving them controlling force unless they are demonstrably a reasonable measure of job performance. For example, between July 2, 1965, and November 14, 1966, the percentage of white employees who were promoted but who were not high school graduates was nearly identical to the percentage of nongraduates in the entire white workforce. Far from disparaging job qualifications as such, Congress has made such qualifications the controlling factor, so that race, religion, nationality, and sex become irrelevant. Basic intelligence must have the means of articulation to manifest itself fairly in a testing process. Instead, the company intended to use the tests to increase the overall quality of the workplace.