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Disparate Impact

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...