“Congress directed the thrust of [Title VII] to the CONSEQUENCES of employment practices, not simply the motivation.”

One of the most obvious “consequences” of an employer’s violation of Title VII, is the existence of zero and/or a gross underrepresentation of qualified African Americans employed in meaningful positions throughout the workplace. If this occurs over a period of decades and no “legitimate, nondiscrminatory” reason can be provided by the employer to explain the dearth of blacks in the workplace, one must logically conclude that the employer’s employment practices, policies and procedures are NOT lawful and statistically, this is NOT “due to chance.”

Source: Griggs v. Duke Power Co., 401 U.S. 424, 432 (1971) (emphasis added).

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