Disparate Impact and How to Avoid It

Disparate Impact and How to Avoid It

In Griggs v. Duke Power Co., 401 U.S. 424 (1971) the US Supreme Court dealt with a specific situation when seemingly neutral employment policies led to discrimination in the workplace . The Court ruled that the employer violated the law when the company required that all applicants in order to qualify for a job or transfer should have a high school diploma or to pass a standardized general intelligence test. As a result of that employment practice, Afro-American candidates were disqualified in much higher numbers than Caucasian candidates, i.e. it had a disparate impact. The problem was that the hiring practice was not “significantly related” to a successful job performance. […]