| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1976 - 1102 pages
...36, 44; Griggs v. Duke Power Co., 401 US, at 429-431. To achieve this purpose. Congress "proscribe[d] not only overt discrimination but also practices that...are fair in form, but discriminatory in operation." Id., at 431. Thus, the Court has repeatedly held that a prima facie Title VII violation may be established... | |
| Civil rights - 1974 - 226 pages
...Duke Power Co. upheld the use of the effect test. In that opinion, Chief Justice Burger wrote: . . . [T]he Act proscribes not only overt discrimination...related to job performance, the practice is prohibited. [P] radices, procedures, or tests neutral on their face, and even neutral in terms of intent, cannot... | |
| United States. Congress. Senate. Committee on the Judiciary - Administrative procedure - 1972 - 1232 pages
...operate invidiously to discriminate on the basis of racial or other impermissible classification . . . The act proscribes not only overt discrimination but...related to job performance, the practice is prohibited. . . . Congress has placed on the employer the burden of showing that any given requirement must have... | |
| United States. Congress. Senate. Committee on Labor and Public Welfare - Labor policy - 1972 - 2102 pages
...Congress has now required that the posture and condition of the job seeker be taken into account .... The Act proscribes not only overt discrimination but...business necessity. If an employment practice which excludes Negroes cannot be shown to be related to job performance, the practice is prohibited. The... | |
| United States. Equal Employment Opportunity Commission - Discrimination in employment - 1972 - 578 pages
...that they really measured job capability. "The touchstone is business necessity," the opinion said. "If an employment practice which operates to exclude...related to job performance, the practice is prohibited." The Court ruled that the Duke Power Company had failed to demonstrate the business need for the test... | |
| United States. Congress. Senate. Select Committee on Equal Educational Opportunity - 1972 - 678 pages
...and this Court expressly recognized these differences in Gaston County v. United States, supra. . . . The act proscribes not only overt discrimination but...are fair in form, but discriminatory in operation .... [G]ood intent or absence of discriminatory intent does not redeem employment procedures or testing... | |
| United States. Congress. House. Government Operations Committee - 1972 - 238 pages
...Potcer Co.. 401 US 424, 429 (1971), the Court speaking through Chief Justice Burger held that title VII "proscribes not only overt discrimination but also...are fair in form, but discriminatory in operation. * * * If an employment practice which operates to exclude Negroes cannot be shown to be related to... | |
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