griggs
duke
power
argued
december
decided
march
negro
employees
respondent
generating
plant
brought
action
pursuant
title
vii
civil
rights
act
challenging
respondent
requirement
high
school
diploma
passing
intelligence
tests
condition
employment
transfer
jobs
plant
requirements
directed
intended
measure
ability
learn
perform
particular
job
category
jobs
act
makes
unlawful
employment
practice
employer
limit
segregate
classify
employees
deprive
employment
opportunities
adversely
affect
status
race
color
religion
sex
national
origin
authorizes
use
professionally
developed
ability
test
provided
designed
intended
used
discriminate
district
found
respondent
former
policy
racial
discrimination
ended
title
vii
prospective
reach
prior
inequities
appeals
reversed
part
rejecting
holding
residual
discrimination
arising
prior
practices
insulated
remedial
action
agreed
lower
showing
discriminatory
purpose
adoption
diploma
test
requirements
held
absent
discriminatory
purpose
use
requirements
permitted
rejected
claim
disproportionate
number
negroes
rendered
ineligible
promotion
transfer
employment
requirements
unlawful
unless
shown
job
related
held
act
requires
elimination
artificial
arbitrary
unnecessary
barriers
employment
operate
invidiously
discriminate
basis
race
employment
practice
operates
exclude
negroes
shown
related
job
performance
prohibited
notwithstanding
employer
lack
discriminatory
intent
pp
act
preclude
use
testing
measuring
procedures
proscribe
giving
controlling
force
unless
demonstrably
reasonable
measure
job
performance
pp
burger
delivered
opinion
members
joined
except
brennan
took
part
consideration
decision
case
jack
greenberg
argued
cause
petitioners
briefs
james
nabrit
iii
norman
amaker
william
robinson
conrad
pearson
julius
levonne
chambers
albert
rosenthal
george
ferguson
argued
cause
respondent
brief
william
ward
george
thorpe
lawrence
cohen
argued
cause
chamber
commerce
amicus
curiae
urging
affirmance
brief
francis
lowden
gerard
smetana
milton
smith
briefs
amici
curiae
urging
reversal
filed
solicitor
general
griswold
assistant
attorney
general
leonard
deputy
solicitor
general
wallace
david
rose
stanley
hebert
russell
specter
louis
lefkowitz
attorney
general
pro
se
samuel
hirshowitz
first
assistant
attorney
general
george
zuckerman
dominick
tuminaro
assistant
attorneys
general
attorney
general
state
new
york
bernard
kleiman
elliot
bredhoff
michael
gottesman
george
cohen
steelworkers
america
chief
justice
burger
delivered
opinion
granted
writ
case
resolve
question
whether
employer
prohibited
civil
rights
act
title
vii
requiring
high
school
education
passing
standardized
general
intelligence
test
condition
employment
transfer
jobs
neither
standard
shown
significantly
related
successful
job
performance
requirements
operate
disqualify
negroes
substantially
higher
rate
white
applicants
jobs
question
formerly
filled
white
employees
part
longstanding
practice
giving
preference
whites
congress
provided
title
vii
civil
rights
act
class
actions
enforcement
provisions
act
proceeding
brought
group
incumbent
negro
employees
duke
power
company
petitioners
employed
company
dan
river
steam
station
power
generating
facility
located
draper
north
carolina
time
action
instituted
company
employees
dan
river
station
negroes
petitioners
district
found
prior
july
effective
date
civil
rights
act
company
openly
discriminated
basis
race
hiring
assigning
employees
dan
river
plant
plant
organized
five
operating
departments
labor
coal
handling
operations
maintenance
laboratory
test
negroes
employed
labor
department
highest
paying
jobs
paid
less
lowest
paying
jobs
four
operating
departments
whites
employed
promotions
normally
made
within
department
basis
job
seniority
transferees
department
usually
began
lowest
position
company
instituted
policy
requiring
high
school
education
initial
assignment
department
except
labor
transfer
coal
handling
inside
department
operations
maintenance
laboratory
company
abandoned
policy
restricting
negroes
labor
department
completion
high
school
also
made
prerequisite
transfer
labor
department
time
high
school
requirement
instituted
time
trial
however
white
employees
hired
time
high
school
education
requirement
continued
perform
satisfactorily
achieve
promotions
operating
departments
findings
score
challenged
company
added
requirement
new
employees
july
date
title
vii
became
effective
qualify
placement
labor
department
became
necessary
register
satisfactory
scores
two
professionally
prepared
aptitude
tests
well
high
school
education
completion
high
school
alone
continued
render
employees
eligible
transfer
four
desirable
departments
negroes
excluded
incumbent
employed
prior
time
new
requirement
september
company
began
permit
incumbent
employees
lacked
high
school
education
qualify
transfer
labor
coal
handling
inside
job
passing
two
tests
wonderlic
personnel
test
purports
measure
general
intelligence
bennett
mechanical
comprehension
test
neither
directed
intended
measure
ability
learn
perform
particular
job
category
jobs
requisite
scores
used
initial
hiring
transfer
approximated
national
median
high
school
graduates
district
found
company
previously
followed
policy
overt
racial
discrimination
period
prior
act
conduct
ceased
district
also
concluded
title
vii
intended
prospective
consequently
impact
prior
inequities
beyond
reach
corrective
action
authorized
act
appeals
confronted
question
first
impression
concerning
meaning
title
vii
careful
analysis
majority
concluded
subjective
test
employer
intent
govern
particularly
close
case
case
showing
discriminatory
purpose
adoption
diploma
test
requirements
basis
appeals
concluded
violation
act
appeals
reversed
district
part
rejecting
holding
residual
discrimination
arising
prior
employment
practices
insulated
remedial
action
appeals
noted
however
district
correct
conclusion
showing
racial
purpose
invidious
intent
adoption
high
school
diploma
requirement
general
intelligence
test
standards
applied
fairly
whites
negroes
alike
held
absence
discriminatory
purpose
use
requirements
permitted
act
appeals
rejected
claim
two
requirements
operated
render
ineligible
markedly
disproportionate
number
negroes
unlawful
title
vii
unless
shown
job
related
granted
writ
claims
objective
congress
enactment
title
vii
plain
language
statute
achieve
equality
employment
opportunities
remove
barriers
operated
past
favor
identifiable
group
white
employees
employees
act
practices
procedures
tests
neutral
face
even
neutral
terms
intent
maintained
operate
freeze
status
quo
prior
discriminatory
employment
practices
appeals
opinion
partial
dissent
agreed
record
present
case
whites
register
far
better
company
alternative
requirements
negroes
consequence
appear
directly
traceable
race
basic
intelligence
must
means
articulation
manifest
fairly
testing
process
negroes
petitioners
long
received
inferior
education
segregated
schools
expressly
recognized
differences
gaston
county
inferior
education
received
negroes
north
carolina
barred
institution
literacy
test
voter
registration
ground
test
abridge
right
vote
indirectly
account
race
congress
intend
title
vii
however
guarantee
job
every
person
regardless
qualifications
short
act
command
person
hired
simply
formerly
subject
discrimination
member
minority
group
discriminatory
preference
group
minority
majority
precisely
congress
proscribed
required
congress
removal
artificial
arbitrary
unnecessary
barriers
employment
barriers
operate
invidiously
discriminate
basis
racial
impermissible
classification
congress
provided
tests
criteria
employment
promotion
may
provide
equality
opportunity
merely
sense
fabled
offer
milk
stork
fox
contrary
congress
required
posture
condition
taken
account
resort
fable
provided
vessel
milk
proffered
one
seekers
use
act
proscribes
overt
discrimination
also
practices
fair
form
discriminatory
operation
touchstone
business
necessity
employment
practice
operates
exclude
negroes
shown
related
job
performance
practice
prohibited
record
us
neither
high
school
completion
requirement
general
intelligence
test
shown
bear
demonstrable
relationship
successful
performance
jobs
used
adopted
appeals
noted
without
meaningful
study
relationship
ability
rather
vice
president
company
testified
requirements
instituted
company
judgment
generally
improve
overall
quality
work
force
evidence
however
shows
employees
completed
high
school
taken
tests
continued
perform
satisfactorily
make
progress
departments
high
school
test
criteria
used
promotion
record
present
employees
able
meet
new
criteria
thus
suggests
possibility
requirements
may
needed
even
limited
purpose
preserving
avowed
policy
advancement
within
company
context
case
unnecessary
reach
question
whether
testing
requirements
take
account
capability
next
succeeding
position
related
future
promotion
might
utilized
upon
showing
requirements
fulfill
genuine
business
need
present
case
company
made
showing
appeals
held
company
adopted
diploma
test
requirements
without
intention
discriminate
negro
employees
suggest
either
district
appeals
erred
examining
employer
intent
good
intent
absence
discriminatory
intent
redeem
employment
procedures
testing
mechanisms
operate
headwinds
minority
groups
unrelated
measuring
job
capability
company
lack
discriminatory
intent
suggested
special
efforts
help
undereducated
employees
company
financing
cost
tuition
high
school
training
congress
directed
thrust
act
consequences
employment
practices
simply
motivation
congress
placed
employer
burden
showing
given
requirement
must
manifest
relationship
employment
question
facts
case
demonstrate
inadequacy
broad
general
testing
devices
well
infirmity
using
diplomas
degrees
fixed
measures
capability
history
filled
examples
men
women
rendered
highly
effective
performance
without
conventional
badges
accomplishment
terms
certificates
diplomas
degrees
diplomas
tests
useful
servants
congress
mandated
commonsense
proposition
become
masters
reality
company
contends
general
intelligence
tests
specifically
permitted
act
section
authorizes
use
professionally
developed
ability
test
designed
intended
used
discriminate
race
emphasis
added
equal
employment
opportunity
commission
enforcement
responsibility
issued
guidelines
interpreting
permit
use
tests
administrative
interpretation
act
enforcing
agency
entitled
great
deference
see
city
chicago
udall
tallman
power
reactor
electricians
since
act
legislative
history
support
commission
construction
affords
good
reason
treat
guidelines
expressing
congress
section
contained
house
version
civil
rights
act
added
senate
extended
debate
period
debate
revolved
around
claims
bill
proposed
prohibit
testing
force
employers
hire
unqualified
persons
simply
part
group
formerly
subject
job
discrimination
proponents
title
vii
sought
throughout
debate
assure
critics
act
effect
tests
senators
case
new
jersey
clark
pennsylvania
comanagers
bill
senate
floor
issued
memorandum
explaining
proposed
title
vii
expressly
protects
employer
right
insist
prospective
applicant
negro
white
must
meet
applicable
job
qualifications
indeed
purpose
title
vii
promote
hiring
basis
job
qualifications
rather
basis
race
color
cong
rec
emphasis
added
despite
assurances
senator
tower
texas
introduced
amendment
authorizing
professionally
developed
ability
tests
proponents
title
vii
opposed
amendment
written
permit
employer
give
test
whether
good
test
long
professionally
designed
discrimination
actually
exist
guise
compliance
statute
cong
rec
remarks
case
amendment
defeated
two
days
later
senator
tower
offered
substitute
amendment
adopted
verbatim
testing
provision
speaking
supporters
title
vii
senator
humphrey
vigorously
opposed
first
amendment
endorsed
substitute
amendment
stating
senators
sides
aisle
deeply
interested
title
vii
examined
text
amendment
found
accord
intent
purpose
title
cong
rec
amendment
adopted
sum
legislative
history
relevant
case
conclusion
inescapable
eeoc
construction
require
employment
tests
job
related
comports
congressional
intent
nothing
act
precludes
use
testing
measuring
procedures
obviously
useful
congress
forbidden
giving
devices
mechanisms
controlling
force
unless
demonstrably
reasonable
measure
job
performance
congress
commanded
less
qualified
preferred
better
qualified
simply
minority
origins
far
disparaging
job
qualifications
congress
made
qualifications
controlling
factor
race
religion
nationality
sex
become
irrelevant
congress
commanded
tests
used
must
measure
person
job
person
abstract
judgment
appeals
portion
judgment
appealed
reversed
justice
brennan
took
part
consideration
decision
case
footnotes
negro
first
assigned
job
operating
department
august
five
months
charges
filed
equal
employment
opportunity
commission
employee
high
school
graduate
begun
labor
department
promoted
job
coal
handling
department
test
standards
thus
stringent
high
school
requirement
since
screen
approximately
half
high
school
graduates
appeals
ruled
negroes
employed
labor
department
time
high
school
test
requirement
entrance
higher
paying
departments
made
subject
requirements
since
whites
hired
contemporaneously
departments
never
subject
appeals
also
required
seniority
rights
negroes
measured
plantwide
rather
departmental
basis
however
appeals
denied
relief
negro
employees
without
high
school
education
equivalent
hired
labor
department
institution
educational
requirement
one
member
disagreed
aspect
decision
maintaining
petitioners
title
vii
prohibits
use
employment
criteria
operate
racially
exclusionary
fashion
measure
skills
abilities
necessary
performance
jobs
criteria
used
north
carolina
census
statistics
show
white
males
completed
high
school
negro
males
done
bureau
census
census
population
vol
characteristics
population
pt
table
similarly
respect
standardized
tests
eeoc
one
case
found
use
battery
tests
including
wonderlic
bennett
tests
used
company
instant
case
resulted
whites
passing
tests
compared
blacks
decision
eeoc
cch
empl
prac
guide
see
also
decision
eeoc
cch
empl
prac
guide
example
july
november
percentage
white
employees
promoted
high
school
graduates
nearly
identical
percentage
nongraduates
entire
white
work
force
section
applies
tests
applicability
high
school
diploma
requirement
eeoc
guidelines
employment
testing
procedures
issued
august
provide
commission
accordingly
interprets
professionally
developed
ability
test
mean
test
fairly
measures
knowledge
skills
required
particular
job
class
jobs
applicant
seeks
fairly
affords
employer
chance
measure
applicant
ability
perform
particular
job
class
jobs
fact
test
prepared
individual
organization
claiming
expertise
test
preparation
without
justify
use
within
meaning
title
vii
eeoc
position
elaborated
new
guidelines
employee
selection
procedures
cfr
fed
reg
guidelines
demand
employers
using
tests
available
date
demonstrating
test
predictive
significantly
correlated
important
elements
work
behavior
comprise
relevant
job
jobs
candidates
evaluated
congressional
discussion
prompted
decision
hearing
examiner
illinois
fair
employment
commission
myart
motorola
decision
reprinted
cong
rec
case
suggested
standardized
tests
whites
performed
better
negroes
never
used
decision
taken
mean
tests
never
justified
even
needs
business
required
number
senators
feared
title
vii
might
produce
similar
result
see
remarks
senators
ervin
cong
rec
smathers
holland
hill
tower
talmadge
fulbright
ellender
appeals
majority
finding
requirement
title
vii
employment
tests
job
related
relied
part
quotation
earlier
interpretative
memorandum
addressed
question
constitutionality
title
vii
senators
said
memorandum
requirement
title
vii
employers
abandon
bona
fide
qualification
tests
differences
background
education
members
groups
able
perform
better
tests
members
groups
employer
may
set
qualifications
high
likes
may
test
determine
applicants
qualifications
may
hire
assign
promote
basis
test
performance
cong
rec
however
nothing
stated
conflicts
later
memorandum
dealing
specifically
debate
employer
testing
cong
rec
quoted
text
senators
clark
case
explained
tests
measure
applicable
job
qualifications
permissible
title
vii
earlier
memorandum
clark
case
assured
senate
employers
prohibited
using
tests
determine
qualifications
certainly
reasonable
interpretation
senators
meant
light
subsequent
memorandum
directed
specifically
employer
testing
nothing
act
prevents
employers
requiring
applicants
fit
job
senator
tower
original
amendment
provided
part
test
permissible
case
individual
seeking
employment
employer
test
designed
determine
predict
whether
individual
suitable
trainable
respect
employment
particular
business
enterprise
involved
cong
rec
language
indicates
senator
tower
aim
simply
make
certain
tests
permitted
opposition
amendment
based
loose
wording
proponents
title
vii
feared
susceptible
misinterpretation
final
amendment
acceptable
sides
hardly
required
less
job
relation
first