The document summarizes two Supreme Court cases related to racial discrimination in employment:
1. Griggs v. Duke Power Company established that employment criteria must only determine a person's ability to do the job, not be proxies for racial discrimination. Discriminatory intent can be shown through disparate impact of neutral policies that favor some groups.
2. Albemarle Paper Co. v. Moody found the company's testing system was fundamentally discriminatory and had adverse impact on African American employees. Backpay should be awarded to uphold the Equal Employment Opportunity Act and ensure equal employment practices, even without proven discriminatory intent.
The document summarizes two Supreme Court cases related to racial discrimination in employment:
1. Griggs v. Duke Power Company established that employment criteria must only determine a person's ability to do the job, not be proxies for racial discrimination. Discriminatory intent can be shown through disparate impact of neutral policies that favor some groups.
2. Albemarle Paper Co. v. Moody found the company's testing system was fundamentally discriminatory and had adverse impact on African American employees. Backpay should be awarded to uphold the Equal Employment Opportunity Act and ensure equal employment practices, even without proven discriminatory intent.
The document summarizes two Supreme Court cases related to racial discrimination in employment:
1. Griggs v. Duke Power Company established that employment criteria must only determine a person's ability to do the job, not be proxies for racial discrimination. Discriminatory intent can be shown through disparate impact of neutral policies that favor some groups.
2. Albemarle Paper Co. v. Moody found the company's testing system was fundamentally discriminatory and had adverse impact on African American employees. Backpay should be awarded to uphold the Equal Employment Opportunity Act and ensure equal employment practices, even without proven discriminatory intent.
The U.S. Supreme Court reached an agreement in the Griggs v. Duke Power Company case. In terms of racial discrimination, it was the Supreme Court that established the precedent for disparate impact lawsuits. The concept of disparate impact describes the situation in which a specific group of people is negatively impacted by employment criteria. The U.S. Supreme Court upheld that a person's eliagibility for promotion and employment should only be determined by their capacity to do the job. This case demonstrated that discrimination might be shown both on the basis of disparate impact and an obviously discriminatory goal. Thus, employers were unable to mask their discriminatory intentions through purportedly neutral assessments that favored some groups without specifically targeting them to assess their suitability for the position. 2. Albemarle paper company v. Moody In the Albemarle v. Moody Case, the paper company's system, which was used by the employer, was fundamentally discriminatory. It created a precedent for negative effects. Adverse impact is the practice of policies that seem neutral but have a bad effect on a particular group. Employment and promotion practices, particularly with regard to backpay, impacted African American employees in the Albemarle v. Moody Case. The objectives of the Equal Employment Opportunity Act should be taken into account when making this decision. Backpay should be awarded in this instance because it would be in the best interest of the Act and could guarantee the use of equal employment practices. It is insufficient to refuse to pay back wages just because you can prove the employer didn't act in bad faith.
49 Empl. Prac. Dec. P 38,906, 3 Indiv - Empl.rts - Cas. 1098 Harold W. Grandchamp and Peter J. Seewald v. United Air Lines, Inc., 854 F.2d 381, 10th Cir. (1988)