Significance
Griggs v. Duke Power Co. also held that the employer had the burden of producing and proving the business necessity of a test. However, in Wards Cove Packing Co. v. Atonio, the Court reduced the employer's burden to producing only evidence of business justification. In 1991, the Civil Rights Act was amended to overturn that portion of the Wards Cove decision.
David Frum asserts that before Griggs, employers did not have to separate intentional wrongs from unintentional wrongs if they treated all applicants equally by appearances.
Justice Ginsburg's dissent in Ricci v. DeStefano suggests that the Griggs conclusion (that Congress aimed beyond “disparate treatment”; it targeted “disparate impact” as well and proscribed not only overt discrimination but also practices that are fair in form, but discriminatory in operation) has been effectively overturned by the Ricci decision.
Read more about this topic: Griggs V. Duke Power Co.
Famous quotes containing the word significance:
“The hypothesis I wish to advance is that ... the language of morality is in ... grave disorder.... What we possess, if this is true, are the fragments of a conceptual scheme, parts of which now lack those contexts from which their significance derived. We possess indeed simulacra of morality, we continue to use many of the key expressions. But we have—very largely if not entirely—lost our comprehension, both theoretical and practical, of morality.”
—Alasdair Chalmers MacIntyre (b. 1929)
“The hysterical find too much significance in things. The depressed find too little.”
—Mason Cooley (b. 1927)
“I am not afraid that I shall exaggerate the value and significance of life, but that I shall not be up to the occasion which it is.”
—Henry David Thoreau (1817–1862)