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.
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