Assignment: Case Review Griggs v. Duke Power Co. 401 U.S. 424 (1971) page 103 in Employment Law for Business (9th ed.) Read the case above in its entirety and then use the case questions found on page 97 as a basis for your case review. Your case review should be in the form of a 3–5 page analysis of the case (excluding title and reference pages).
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Case Review Griggs v. Duke Power Co. 401 U.S. 424 (1971)
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Introduction
Griggs v. Duke Power Co., 401 U.S. 424 (1971) was one of the cases considered as landmark ruling by the Supreme Court. The case was brought to the Supreme Court by African-Americans on December 14, 1970(Bennett-Alexander & Hartman, 2015). The respondent was a generating plant and the basis of this case related to employment discrimination and the adverse impact theory. The Supreme Court was determining this case pursuant to Title VII of the Civil Right Act of 1964. The respondents wanted the courts to determining whether the requirements of a high school diploma or passing of intelligence tests as condition of employment in or transfer to jobs at the plant was discriminatory to African-Americans.
The Supreme Court determined that the generating plant work requirements did not relate to candidate’s ability to perform the job, and therefore was discriminatory against African-American employees(Garrow, 2014). While making the decision, the Supreme Court judges stated that “Congress has now provided that tests or criteria for employment or promotion may not provide equality of opportunity merely in the sense of fabled offer of milk to the Stork and the Fox”. This was one of the phrases adopted from Aesop’s Fables.
To expound more about this phrase, Fox invited Stork to go have a meal together and while at the table, soup was served in bowl which make it easier for Fox to lap up easily, but was difficult for Stork to have soup with its beak(Portwood & Schmidt, 1977). After taking the soup, Stork then requested Fox to have the meal served in a narrow-necked vessel. This time round, it was not possible for Fox to access the meal, but easier for Stork. The moral story from this was that the trickster must expect trickery in return and that the golden rule of conduct is for one to do to others what one would wish for ones(Rosenthal, 2014). Therefore, this case review sought to establish whether the employment requirement was intended to prejudice African-Americans from accessing employment, which was a violent of Title VII of the Civil Right Act of 1964.
Analysis of Case
According to the above Act, any employer is prohibited from discriminating based on race, color, religion, sex or national origin. Title VII of the Civil Right Act 1964 clearly states that it is illegal practice for an employer to classify, segregate or limit the applicants or their employees in a manner that prejudice them of opportunities or affect their status as an employee because of their race, color, religion, sex, or national origin(EEOC, 1964). The Act further states that it is illegal for any employer to refuse to employ or discharge a person or discriminate against any person based on compensation, terms, condition, or privileges of employment due to their race, color, religion, sex or national origin.
The terms set by Act is applicable to all public or private educational institutions, employers of 15 or more persons, the employment agencies, local, state, and the federal government. To ensure employers adhere to this Act, the Equal Employment Opportunity Commission was formed to administer and enforce these Civil Rights law at workplace(Bennett-Alexander & Hartman, 2015). Analysis of the case indicated that employment requirement for a high school education and a standardized general aptitude test, have not influenced the ability of the employee to carry out his/her duties effectively. Evidence shown that employees who have not completed high school education or taken the aptitude test have continued to excel and performed acceptably and got promotions in the departments the plant was using the high school education and aptitude test. When Dukes started enforcing the new system of requiring employees to have completed high school education and passed aptitude test in the generating plant, it was evident that whites were allocated non-labor jobs. The Supreme Court also found that generating plant started implementing the new system exactly the date Title VII Act became effective, which made the changes suspicious(Garrow, 2014). It i…………………………………………………………………………………………………
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