washington
davis
argued
march
decided
june
respondents
harley
sellers
negroes
hereinafter
respondents
whose
applications
become
police
officers
district
columbia
rejected
action
district
columbia
officials
petitioners
others
claimed
police
department
recruiting
procedures
including
written
personnel
test
test
racially
discriminatory
violated
due
process
clause
fifth
amendment
code
test
administered
generally
prospective
government
employees
determine
whether
applicants
acquired
particular
level
verbal
skill
respondents
contended
test
bore
relationship
job
performance
excluded
disproportionately
high
number
negro
applicants
focusing
solely
test
parties
filed
summary
judgment
district
noting
absence
claim
intentional
discrimination
found
respondents
evidence
supporting
motion
warranted
conclusions
number
black
police
officers
substantial
proportionate
city
population
mix
higher
percentage
blacks
fail
test
whites
test
validated
establish
reliability
measuring
subsequent
job
performance
showing
sufficed
shift
burden
proof
defendants
action
concluded
respondents
entitled
relief
granted
petitioners
motion
summary
judgment
view
facts
new
police
recruits
black
figure
proportionate
blacks
total
force
equal
number
blacks
recruiting
area
police
department
affirmatively
sought
recruit
blacks
many
passed
test
failed
report
duty
test
useful
indicator
training
school
performance
precluding
need
show
validation
terms
job
performance
designed
discriminate
otherwise
qualified
blacks
respondents
appeal
contended
summary
judgment
motion
based
solely
contention
test
invidiously
discriminated
negroes
violation
fifth
amendment
granted
appeals
reversed
directed
summary
judgment
favor
respondents
applied
constitutional
issue
statutory
standards
enunciated
griggs
duke
power
held
title
vii
civil
rights
act
amended
prohibits
use
tests
operate
exclude
members
minority
groups
unless
employer
demonstrates
procedures
substantially
related
job
performance
held
lack
discriminatory
intent
enactment
administration
test
irrelevant
critical
fact
four
times
many
blacks
whites
failed
test
disproportionate
impact
sufficed
establish
constitutional
violation
absent
proof
petitioners
test
adequately
measured
job
performance
held
appeals
erred
resolving
fifth
amendment
issue
applying
standards
applicable
title
vii
cases
pp
though
due
process
clause
fifth
amendment
contains
equal
protection
component
prohibiting
government
invidious
discrimination
follow
law
official
act
unconstitutional
solely
racially
disproportionate
impact
regardless
whether
reflects
racially
discriminatory
purpose
pp
constitution
prevent
government
seeking
test
modestly
upgrade
communicative
abilities
employees
rather
satisfied
lower
level
competence
particularly
job
requires
special
abilities
communicate
orally
writing
respondents
negroes
ascribe
failure
pass
test
denial
equal
protection
whites
also
failed
pp
disproportionate
impact
test
neutral
face
warrant
conclusion
test
purposely
discriminatory
device
facts
district
properly
held
inference
discrimination
unwarranted
rigorous
statutory
standard
title
vii
involves
probing
judicial
review
less
deference
seemingly
reasonable
acts
administrators
executives
appropriate
constitution
case
special
racial
impact
discriminatory
purpose
claimed
extension
statutory
standard
await
legislative
prescription
pp
statutory
standards
similar
obtaining
title
vii
also
satisfied
district
conclusion
test
directly
related
requirements
police
training
program
positive
relationship
test
program
sufficient
validate
test
wholly
aside
possible
relationship
actual
performance
police
officer
fully
supported
record
case
remand
establish
validation
appropriate
pp
white
delivered
opinion
burger
blackmun
powell
rehnquist
stevens
joined
parts
ii
stewart
joined
stevens
filed
concurring
opinion
post
brennan
filed
dissenting
opinion
marshall
joined
post
david
sutton
argued
cause
petitioners
briefs
francis
murphy
louis
robbins
richard
barton
richard
sobol
argued
cause
respondents
harley
et
al
briefs
george
cooper
richard
seymour
marian
wright
edelman
michael
trister
ralph
temple
mark
evans
argued
cause
commissioners
civil
service
commission
respondents
rule
brief
solicitor
general
bork
assistant
attorney
general
lee
ronald
glancz
harry
silver
lawrence
ashe
susan
cahoon
filed
brief
executive
committee
division
psychology
div
american
psychological
assn
amicus
curiae
urging
reversal
jack
greenberg
james
nabrit
iii
charles
stephen
ralston
barry
goldstein
deborah
greenberg
eric
schnapper
peter
sherwood
filed
brief
naacp
legal
defense
educational
fund
amicus
curiae
urging
affirmance
briefs
amici
curiae
filed
thaddeus
holt
american
society
personnel
administration
howard
willens
deanne
siemer
john
kramer
educational
testing
service
justice
white
delivered
opinion
case
involves
validity
qualifying
test
administered
applicants
positions
police
officers
district
columbia
metropolitan
police
department
test
sustained
district
invalidated
appeals
agreement
district
hence
reverse
judgment
appeals
action
began
april
two
negro
police
officers
filed
suit
commissioner
district
columbia
chief
district
metropolitan
police
department
commissioners
civil
service
commission
amended
complaint
filed
december
alleged
promotion
policies
department
racially
discriminatory
sought
declaratory
judgment
injunction
respondents
harley
sellers
permitted
intervene
amended
complaint
asserting
applications
become
officers
department
rejected
department
recruiting
procedures
discriminated
basis
race
black
applicants
series
practices
including
limited
written
personnel
test
excluded
disproportionately
high
number
negro
applicants
practices
asserted
violate
respondents
rights
due
process
clause
fifth
amendment
constitution
code
defendants
answered
discovery
various
proceedings
followed
respondents
filed
motion
partial
summary
judgment
respect
recruiting
phase
case
seeking
declaration
test
administered
applying
become
police
officers
unlawfully
discriminatory
thereby
violation
due
process
clause
fifth
amendment
issue
statute
regulation
raised
motion
district
columbia
defendants
petitioners
federal
parties
also
filed
motions
summary
judgment
respect
recruiting
aspects
case
asserting
respondents
entitled
relief
neither
constitutional
statutory
grounds
district
granted
petitioners
denied
respondents
motions
supp
dc
according
findings
conclusions
district
accepted
department
enter
intensive
training
program
police
recruit
required
satisfy
certain
physical
character
standards
high
school
graduate
equivalent
receive
grade
least
test
examination
used
generally
throughout
federal
service
developed
civil
service
commission
police
department
designed
test
verbal
ability
vocabulary
reading
comprehension
validity
test
sole
issue
motions
summary
judgment
district
noted
claim
intentional
discrimination
purposeful
discriminatory
acts
claim
test
bore
relationship
job
performance
highly
discriminatory
impact
screening
black
candidates
ibid
respondents
evidence
district
said
warranted
three
conclusions
number
black
police
officers
substantial
proportionate
population
mix
city
higher
percentage
blacks
fail
test
whites
test
validated
establish
reliability
measuring
subsequent
job
performance
ibid
showing
deemed
sufficient
shift
burden
proof
defendants
action
petitioners
nevertheless
concluded
undisputed
facts
respondents
entitled
relief
district
relied
several
factors
since
august
new
police
force
recruits
black
figure
also
represented
proportion
blacks
total
force
roughly
equivalent
blacks
radius
recruiting
efforts
police
department
concentrated
undisputed
department
systematically
affirmatively
sought
enroll
black
officers
many
passed
test
failed
report
duty
district
rejected
assertion
test
culturally
slanted
favor
whites
satisfied
undisputable
facts
prove
test
reasonably
directly
related
requirements
police
recruit
training
program
neither
designed
operates
sic
discriminate
otherwise
qualified
blacks
thus
necessary
show
test
useful
indicator
training
school
performance
also
validated
terms
job
performance
lack
job
performance
validation
defeat
test
given
direct
relationship
recruiting
valid
part
plays
process
ibid
district
ultimately
concluded
proof
wholly
lacking
police
officer
qualifies
color
skin
rather
ability
department
required
showing
lower
standards
abandon
efforts
achieve
excellence
lost
constitutional
statutory
issues
district
respondents
brought
case
appeals
claiming
summary
judgment
motion
rested
purely
constitutional
grounds
granted
tendered
constitutional
issue
whether
use
test
invidiously
discriminated
negroes
hence
denied
due
process
law
contrary
commands
fifth
amendment
appeals
addressing
issue
announced
guided
griggs
duke
power
case
involving
interpretation
application
title
vii
civil
rights
act
held
statutory
standards
elucidated
case
govern
due
process
question
tendered
one
app
went
declare
lack
discriminatory
intent
designing
administering
test
irrelevant
critical
fact
rather
far
greater
proportion
blacks
four
times
many
failed
test
whites
disproportionate
impact
standing
alone
without
regard
whether
indicated
discriminatory
purpose
held
sufficient
establish
constitutional
violation
absent
proof
petitioners
test
adequate
measure
job
performance
addition
indicator
probable
success
training
program
burden
ruled
petitioners
failed
discharge
department
made
substantial
efforts
recruit
blacks
held
beside
point
fact
racial
distribution
recent
hirings
department
might
roughly
equivalent
racial
makeup
surrounding
community
broadly
conceived
put
aside
comparison
material
appeal
appeals
dissent
accordingly
reversed
judgment
district
directed
respondents
motion
partial
summary
judgment
granted
granted
petition
certiorari
filed
district
columbia
officials
ii
appeals
erroneously
applied
legal
standards
applicable
title
vii
cases
resolving
constitutional
issue
reverse
judgment
respondents
favor
although
petition
certiorari
present
ground
reversal
rule
provides
may
notice
plain
error
presented
appropriate
occasion
invoke
rule
appeals
understood
title
vii
employees
applicants
proceeding
need
concern
employer
possibly
discriminatory
purpose
instead
may
focus
solely
racially
differential
impact
challenged
hiring
promotion
practices
constitutional
rule
never
held
constitutional
standard
adjudicating
claims
invidious
racial
discrimination
identical
standards
applicable
title
vii
decline
today
central
purpose
equal
protection
clause
fourteenth
amendment
prevention
official
conduct
discriminating
basis
race
also
true
due
process
clause
fifth
amendment
contains
equal
protection
component
prohibiting
invidiously
discriminating
individuals
groups
bolling
sharpe
cases
embraced
proposition
law
official
act
without
regard
whether
reflects
racially
discriminatory
purpose
unconstitutional
solely
racially
disproportionate
impact
almost
years
ago
strauder
west
virginia
established
exclusion
negroes
grand
petit
juries
criminal
proceedings
violated
equal
protection
clause
fact
particular
jury
series
juries
statistically
reflect
racial
composition
community
make
invidious
discrimination
forbidden
clause
purpose
discriminate
must
present
may
proven
systematic
exclusion
eligible
jurymen
proscribed
race
unequal
application
law
extent
show
intentional
discrimination
akins
texas
defendant
criminal
case
entitled
require
state
deliberately
systematically
deny
members
race
right
participate
jurors
administration
justice
alexander
louisiana
see
also
carter
jury
cassell
texas
patton
mississippi
rule
contexts
wright
rockefeller
upheld
new
york
congressional
apportionment
statute
claims
district
lines
racially
gerrymandered
challenged
districts
made
predominantly
whites
minority
races
boundaries
irregularly
drawn
challengers
prevail
failed
prove
new
york
legislature
either
motivated
racial
considerations
fact
drew
districts
racial
lines
plaintiffs
shown
statute
product
state
contrivance
segregate
basis
race
place
origin
dissenters
agreement
issue
whether
boundaries
purposefully
drawn
racial
lines
school
desegregation
cases
also
adhered
basic
equal
protection
principle
invidious
quality
law
claimed
racially
discriminatory
must
ultimately
traced
racially
discriminatory
purpose
predominantly
black
predominantly
white
schools
community
alone
violative
equal
protection
clause
essential
element
de
jure
segregation
current
condition
segregation
resulting
intentional
state
action
keyes
school
dist
differentiating
factor
de
jure
segregation
de
facto
segregation
purpose
intent
segregate
see
also
also
recently
rejected
allegations
racial
discrimination
based
solely
statistically
disproportionate
racial
impact
various
provisions
social
security
act
acceptance
appellants
constitutional
theory
render
suspect
difference
treatment
among
grant
classes
however
lacking
racial
motivation
however
otherwise
rational
treatment
might
jefferson
hackney
compare
hunter
erickson
james
valtierra
say
necessary
discriminatory
racial
purpose
must
express
appear
face
statute
law
disproportionate
impact
irrelevant
cases
involving
claims
racial
discrimination
statute
otherwise
neutral
face
must
applied
invidiously
discriminate
basis
race
yick
wo
hopkins
also
clear
cases
dealing
racial
discrimination
selection
juries
systematic
exclusion
negroes
unequal
application
law
show
intentional
discrimination
akins
texas
supra
smith
texas
pierre
louisiana
neal
delaware
prima
facie
case
discriminatory
purpose
may
proved
well
absence
negroes
particular
jury
combined
failure
jury
commissioners
informed
eligible
negro
jurors
community
hill
texas
racially
selection
procedures
alexander
louisiana
supra
avery
georgia
whitus
georgia
prima
facie
case
made
burden
proof
shifts
state
rebut
presumption
unconstitutional
action
showing
permissible
racially
neutral
selection
criteria
procedures
produced
monochromatic
result
alexander
supra
see
also
turner
fouche
eubanks
louisiana
necessarily
invidious
discriminatory
purpose
may
often
inferred
totality
relevant
facts
including
fact
true
law
bears
heavily
one
race
another
also
infrequently
true
discriminatory
impact
jury
cases
example
total
seriously
disproportionate
exclusion
negroes
jury
venires
may
practical
purposes
demonstrate
unconstitutionality
various
circumstances
discrimination
difficult
explain
nonracial
grounds
nevertheless
held
law
neutral
face
serving
ends
otherwise
within
power
government
pursue
invalid
equal
protection
clause
simply
may
affect
greater
proportion
one
race
another
disproportionate
impact
irrelevant
sole
touchstone
invidious
racial
discrimination
forbidden
constitution
standing
alone
trigger
rule
mclaughlin
florida
racial
classifications
subjected
strictest
scrutiny
justifiable
weightiest
considerations
indications
contrary
cases
palmer
thompson
city
jackson
following
decree
effect
desegregated
public
facilities
save
five
swimming
pools
operated
city
following
decree
closed
ordinance
pursuant
determination
city
council
closure
necessary
preserve
peace
order
integrated
pools
economically
operated
accepting
finding
pools
closed
avoid
violence
economic
loss
rejected
argument
abandonment
service
inconsistent
outstanding
desegregation
decree
otherwise
seemingly
permissible
ends
served
ordinance
impeached
demonstrating
racially
invidious
motivations
prompted
city
council
action
holding
city
overtly
covertly
operating
segregated
pools
extending
identical
treatment
whites
negroes
opinion
warned
grounding
decision
legislative
purpose
motivation
thereby
lending
support
proposition
operative
effect
law
rather
purpose
paramount
factor
holding
case
legitimate
purposes
ordinance
preserve
peace
avoid
deficits
open
impeachment
evidence
actually
motivated
racial
considerations
whatever
dicta
opinion
may
contain
decision
involve
much
less
invalidate
statute
ordinance
neutral
purposes
disproportionate
racial
consequences
wright
council
city
emporia
also
indicates
proper
circumstances
racial
impact
law
rather
discriminatory
purpose
critical
factor
case
involved
division
school
district
issue
whether
division
consistent
outstanding
order
federal
desegregate
dual
school
system
found
existed
area
constitutional
predicate
district
invalidation
divided
district
enforcement
racial
segregation
public
school
system
emporia
always
part
thus
need
find
independent
constitutional
violation
ibid
citing
palmer
thompson
agreed
district
division
district
effect
interfering
federal
decree
set
aside
neither
palmer
wright
understood
changed
prevailing
rule
apparent
keyes
school
dist
supra
principal
issue
litigation
whether
extent
purposeful
discrimination
resulting
partially
wholly
segregated
school
system
later
cases
alexander
louisiana
supra
jefferson
hackney
supra
indicate
either
palmer
wright
worked
fundamental
change
equal
protection
law
palmer
thompson
however
various
courts
appeals
held
several
contexts
including
public
employment
substantially
disproportionate
racial
impact
statute
official
practice
standing
alone
without
regard
discriminatory
purpose
suffices
prove
racial
discrimination
violating
equal
protection
clause
absent
justification
going
substantially
beyond
necessary
validate
legislative
classifications
cases
impressively
demonstrate
another
side
issue
due
respect
extent
cases
rested
expressed
view
proof
discriminatory
racial
purpose
unnecessary
making
equal
protection
violation
disagreement
initial
matter
difficulty
understanding
law
establishing
racially
neutral
qualification
employment
nevertheless
racially
discriminatory
denies
person
equal
protection
laws
simply
greater
proportion
negroes
fail
qualify
members
racial
ethnic
groups
respondents
along
others
failed
test
whether
white
black
brought
action
claiming
test
denied
equal
protection
laws
compared
passed
high
enough
scores
qualify
police
recruits
unlikely
challenge
sustained
test
administered
generally
prospective
government
employees
concededly
seeks
ascertain
whether
take
acquired
particular
level
verbal
skill
untenable
constitution
prevents
government
seeking
modestly
upgrade
communicative
abilities
employees
rather
satisfied
lower
level
competence
particularly
job
requires
special
ability
communicate
orally
writing
respondents
negroes
successfully
claim
test
denied
equal
protection
white
applicants
also
failed
conclusion
different
face
proof
negroes
whites
disqualified
test
negroes
also
failed
score
well
alone
demonstrate
respondents
individually
denied
equal
protection
laws
application
otherwise
valid
qualifying
test
administered
prospective
police
recruits
facts
case
us
disproportionate
impact
test
warrant
conclusion
purposeful
device
discriminate
negroes
hence
infringement
constitutional
rights
respondents
well
black
applicants
said
test
neutral
face
rationally
may
said
serve
purpose
government
constitutionally
empowered
pursue
even
agreeing
district
differential
racial
effect
test
called
inquiry
think
district
correctly
held
affirmative
efforts
metropolitan
police
department
recruit
black
officers
changing
racial
composition
recruit
classes
force
general
relationship
test
training
program
negated
inference
department
discriminated
basis
race
police
officer
qualifies
color
skin
rather
ability
title
vii
congress
provided
hiring
promotion
practices
disqualifying
substantially
disproportionate
numbers
blacks
challenged
discriminatory
purpose
need
proved
insufficient
response
demonstrate
rational
basis
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practices
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terms
job
performance
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skill
ability
potential
necessary
position
issue
determining
whether
qualifying
tests
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selection
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question
however
process
proceeds
involves
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judicial
review
less
deference
seemingly
reasonable
acts
administrators
executives
appropriate
constitution
special
racial
impact
without
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purpose
claimed
disposed
adopt
rigorous
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purposes
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fifth
fourteenth
amendments
cases
rule
statute
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serve
neutral
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field
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employment
await
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error
direct
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judgment
respondents
based
fifth
amendment
iii
also
hold
appeals
affirmed
judgment
district
granting
motions
summary
judgment
filed
petitioners
federal
parties
respondents
entitled
relief
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district
test
complied
applicable
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well
constitutional
requirements
appear
disputed
statutes
regulations
governing
conduct
standards
similar
obtaining
title
vii
satisfied
district
also
assumed
title
vii
standards
control
case
identified
determinative
issue
whether
test
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uphold
use
test
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whether
applicant
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master
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success
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satisfy
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agree
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parties
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demands
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us
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minimum
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judge
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albemarle
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convinced
conclusion
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federal
parties
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views
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decision
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validation
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urge
remand
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purpose
inquiry
whether
test
scores
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program
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actual
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police
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think
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judgment
warranted
record
perceive
good
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reopen
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oral
argument
although
test
still
administered
training
program
undergone
substantial
modification
course
litigation
deficiencies
recruiting
practices
prevailing
title
vii
standards
deficiencies
directly
addressed
accordance
appropriate
procedures
mandated
title
judgment
appeals
accordingly
reversed
ordered
footnotes
title
provides
persons
within
jurisdiction
shall
right
every
state
territory
make
enforce
contracts
sue
parties
give
evidence
full
equal
benefit
laws
proceedings
security
persons
property
enjoyed
white
citizens
shall
subject
like
punishment
pains
penalties
taxes
licenses
exactions
every
kind
program
recruitment
hiring
individuals
fill
positions
government
district
columbia
officer
employee
government
district
columbia
shall
exclude
give
preference
residents
district
columbia
state
basis
residence
religion
race
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national
origin
competitive
service
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may
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held
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record
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reveals
support
motion
petitioners
federal
parties
urged
compliance
applicable
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including
provisions
civil
service
act
since
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established
job
relatedness
standard
employment
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case
respect
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still
pending
district
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determination
direction
authorized
fed
rule
civ
proc
promotion
issue
subsequently
decided
adversely
original
plaintiffs
davis
washington
supp
dc
although
appellants
complaint
allege
violation
title
vii
civil
rights
act
inapplicable
federal
government
decisions
applying
title
vii
furnish
additional
instruction
legal
standard
governing
issues
raised
case
many
decisions
disposing
employment
discrimination
claims
constitutional
grounds
made
distinction
constitutional
standard
statutory
standard
title
vii
app
civil
service
commissioners
defendants
district
petition
writ
certiorari
filed
brief
respondents
see
rule
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times
refer
federal
parties
apparently
disputing
applicability
griggs
title
vii
standards
resolving
case
petitioners
presented
issues
going
whether
griggs
duke
power
misapplied
appeals
see
silber
carpenters
sibbach
wilson
mahler
eby
weems
although
title
vii
standards
dominated
case
statute
applicable
federal
employees
complaint
filed
although
amendments
extending
title
reach
government
employees
adopted
prior
district
judgment
complaint
amended
state
claim
title
case
thereafter
proceed
title
vii
case
respondents
motion
partial
summary
judgment
filed
amendments
rested
solely
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counsel
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purely
title
vii
case
comes
us
appeals
without
constitutional
overtones
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trouble
honestly
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procedural
requirements
get
title
vii
case
met
tr
oral
arg
extent
palmer
suggests
generally
applicable
proposition
legislative
purpose
irrelevant
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prior
cases
indicated
text
contrary
shortly
palmer
members
majority
case
joined
opinion
lemon
kurtzman
dealt
issue
public
financing
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schools
announced
several
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validity
public
aid
schools
includes
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purpose
challenged
statute
cases
dealing
public
employment
include
chance
board
examiners
castro
beecher
bridgeport
guardians
bridgeport
civil
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mayor
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aff
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arnold
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association
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educational
psychological
tests
manuals
accept
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judicially
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griggs
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set
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title
vii
question
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actual
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title
vii
standards
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title
vii
standards
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vii
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supplement
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