Griggs v. Duke Power Co. (1971) is a landmark U.S. Supreme Court decision that established the so-called “disparate impact” legal theory: the idea that a policy may have the unintended, but still actionable, effect of disadvantaging members of protected classes. The Court further held that employers are responsible for ensuring that their policies do not have a “disparate impact” on the employment or advancement of individuals based on protected characteristics, such as race, color, sex, national origin, or religion.
The case involved a group of African-American high school educated workers at Duke Power, who sought to be considered for promotion to various skilled labor positions. The existing employment practices, however, included minimum educational requirements and written tests, which had the effect of preventing the African-American workers from obtaining those positions. The Supreme Court held that because the requirements were “facially neutral,” they could still be deemed unlawful if their application caused significant, unintended harm to groups in protected classes—in this case, the African-Americans seeking promotion.
The Impact of Griggs v. Duke Power Co. (1971)
In the decades since this case, it has become increasingly evident that employers must take extra steps to ensure that their policies have the least adverse effect possible on protected classes. Equal employment opportunity laws, such as Title VII of the Civil Rights Act of 1964, have been bolstered with this insight. All employers should be aware of the disparate impact principle and, if necessary, take proactive steps to reduce discriminatory practices.
The Modernity of Griggs v. Duke Power Co. (1971)
The Court’s ruling in Griggs v. Duke Power Co. (1971) is particularly relevant in todays corporate environment, as the stakes are higher for companies with unlawful practices than ever before. An increasing number of states have implemented their own “disparate impact” statutes, meaning employers must be cognizant of the standards in their local jurisdiction in addition to the federal law. Additionally, the passage of the Americans with Disabilities Act in 1990 and the Age Discrimination in Employment Act in 1967 further galvanized the principles of Griggs v. Duke Power Co. (1971) that called for a minimization of unequal treatment on the basis of protected characteristics.
The Present and Future of Griggs v. Duke Power Co. (1971)
Now, more than ever, employers must prioritize ensuring their practices, policies, and hiring procedures do not have a disparate impact on certain individuals or groups. The development of equal employment opportunity law has been informed by landmark cases like Griggs v. Duke Power Co. (1971). Even though a great deal of progress has been made since this case, extending protections to even more individuals and groups, the future indicates it is the role of employers to remain vigilant and to do whatever they can to ensure their practices do not have an unwanted discriminatory effect.