“Consequently, a subjective criteria system of employment selection may only be successfully challenged when the plaintiff alleged and proves that the system was established or maintained for racially discriminatory purposes. Ironically, the Pouncy rule would eliminate Griggs’ disparate impact theory where its application would be most meaningful — in situations where racial motivation and the unconscious influence of race are unchecked by sufficiently precise job selection standards. Moreover, the greater protection Pouncy accords to employment selection processes using subjective, rather than objective criteria, gives employers great latitude to rationalize employment decisions which in actuality are motivated by racially discriminator factors. It would be ironic if subjective systems of employment selection are ultimately accorded more protection than systems which utilize objective criteria.” 

Source: Linda S. Greene. Twenty Years Of Civil Rights: How Firm A Foundation? 37 Rutgers L. Rev. 707,724. 1984-1985. 


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