“During the first twenty years of Title VII’s life, many legal issues were generated including questions about the various theories of liability and about the scope of administrative and judicial procedures and of remedies. Unquestionably, one of the most important legal issues under Title VII was whether the statute would reach practices ‘fair in form but discriminatory in operation.’ This issue was resolved in Griggs v. Duke Power Co., [401 U.S. 424 (1971)] some five years after Title VII’s effective date. In Griggs, the Supreme Court held that employment practices cannot be maintained if they have a discriminatory effect on a protected class which is not justified by business necessity. This concept of adverse impact became a powerful weapon in the hands of civil rights attorneys.”

Source: Linda S. Greene. Twenty Years Of Civil Rights: How Firm A Foundation? 37 Rutgers L. Rev. 707,721. 1984-1985. 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s