Friday, June 27, 2014

The Crusade for Equality in the Workplace: The Griggs v. Duke Power Story

Robert Belton (Vanderbilt University). The Crusade for Equality in the Workplace (University Press of Kansas, 2014).

"Title VII of the Civil Rights Act of 1964 eliminated much blatant discrimination, but after its enactment before Griggs, businesses held the view that a commitment to equality required only eliminating policies and practices that were intentionally discriminatory—the 'disparate treatment' test. . . . In Griggs v. Duke Power Co., the Supreme Court ruled that a 'disparate impact' test could also apply—that the 1964 Civil Rights Act extended to practices with a discriminatory effect. In tracing the impact of the Griggs ruling on employment practices, this book documents the birth, maturation, death and rebirth of disparate impact theory, including its erosion by later Supreme Court decisions and its restoration by congressional action in the Civil Rights Act of 1991."
The Crusade for Equality in the Workplace book jacket