Griggs

In: Business and Management

Submitted By id0notkn0w
Words 438
Pages 2
This case became a situation when The Civil Rights Act was passed in 1965. African Americans working at Duke Power Company before the act were only allowed to work in the labor department as to where others were “whites only”. During that time frame I assume was very common for practices such like this. After the act was passed, Duke changed their policy which “whites only” doesn’t apply anymore, but requiring them to have a high school diploma along with passing their aptitude test. I can agree favoring both parties, but I would lean more towards Griggs, because of the unfair circumstances put in place.
As I stated in the discussion, I felt that this was more involving a violation of Title VII of the Civil Rights Act of 1964. This act prohibits employers from discriminating against individual because if their race, color, religion, sex or national origin (Textbook p.66). It became obvious that the testing was put in place because of the new act, but I think because it doesn’t show intent to measure the ability for doing that job that it should be invalid. African Americans were being unfair because of the test that measure more intelligence instead of the ability to perform the job. This would fall under a bone fide occupational qualification, which is a necessary qualification for “performing” a job (p.77).
A disparate impact was another way that showed potential discrimination by them when they offered promotions mainly within the departments, which can reduce well-qualified candidates who may be better fit for the job (p.77). The four-fifths rule could also be argue because the hiring rate for the minority group is less than four-fifths the hiring rate for the majority group in other departments, but more evidence would need to be known first. (p.77)
Another strong point Griggs could argue is “Disparate Treatment” which includes hiring or promoting one…...

Similar Documents

Griggs vs Duke Power

...Griggs vs. Duke Power Co. (1971) was a case that helped shape current labor laws after the implementation of Title VII. Prior to Title VII, black employees could not work in four of the five departments at Duke nor could they achieve the same wage as a white employee. The day Title VII became effective, Duke Power Co. introduced a new policy for new hires or department transfers that required a high school diploma or passing scores on two general intelligence tests. This new policy applied to all black employees and applicants but white employees that did not meet those requirements were grandfathered in. Black employees challenged these requirements, stating they were not job related and disqualified blacks from employment or transfer at a higher rate than whites (Bennett-Alexander & Hartman, 2007). 1. What was the impact of the Griggs vs. Duke Power Co. decision on the employer? The impact on the employer was that stipulations could not be implemented that restricted certain minority groups from being hired unless the employer could prove that those stipulations served a legitimate business purpose or in other words, “The employer must measure the person for the job and not the person in abstract” (Griggs v. Duke Power Co., 2012). This case legitimized disparate impact theory which states if a job qualification or employment practice has an unequal impact on a specific group, it is only justifiable if the employer can prove it has a business related purpose. ......

Words: 443 - Pages: 2

None

... in a case between Plessy vs. Ferguson, the United States Supreme Court upheld the constitutionality of state laws requiring racial segregation in public facilities; this decision was detrimental to our society (http://wwwi.pbs.org/wnet/imcrow/storie_events_plessy.html). In 1954 the NAACP backed the efforts of the case of Brown vs. The Board of Education, which lead to a decision that, “separate educational facilities are inherently unequal” (http://www.watson.org/~lisa/blackhistory/early-civilrights/brown.html). The monumental impact of this case is still widely demonstrated today. The government policy of affirmative action is undoubtedly a useful tool in the efforts of the NAACP. In 1971 the NAACP backed the efforts of the case of Griggs vs. Duke Power Company; a decision was made that reflected the policy of fair treatment by affirmative action (lcrm.lib.unc.edu/blog/index.php/2012/03/08/remembering-griigs-v.-duke-power-company/). Today there are some who support the policy of affirmative action, and some who are opposed, and some who feel we needed affirmative action at one time but now are no longer in need of it. In 2009 the plaintiffs of the case of Ricci vs. DeStefano sued the city of New Haven, Connecticut alleging they were discriminated against in regards to promotion (http://.latimes.com/.../la-oe-westfaulcon24-2009apr24,0,554886.story). The plaintiffs passed a test for promotion, but because the African Americans did not have high enough scores the test was......

Words: 583 - Pages: 3

Assignment: Eeo

...plus years, thousands of court cases, some reaching as far as the Supreme Court, have brought about change for employee’s equal rights. One precedential Supreme Court case in particular, Griggs v Duke Power Company, has created major changes in corporate hiring and promoting policies. Willie Griggs applied for a position as a coal handler with Duke Power. Griggs was denied the position because he did not have a high school diploma or an equivalent, which is a requirement. Griggs argued that the requirement was discriminatory because it did not relate to job success and because the standard had an adverse impact on a protected class. The Supreme Court ruling in favor of Griggs established two important principles affecting equal employment opportunity. The first ruled that employer discrimination need not be overt or intentional to be present, but employment practices can be illegal even when applied equally to all employees. The second principle established that employment practices must be job related. In other words, when employees use education, physical, or intelligence standards, even with good intent, as a basis for hiring or promotion, these requirements must be necessary for job success. Duke Power could not prove that a high school diploma or equivalent was necessary for Griggs to be successful in the position, and therefore lost the case and had to make changes to their hiring and promoting policies. Another equal employment policy that has been continually......

Words: 908 - Pages: 4

A Poison from the Future

...probably scarred you and your eyes. You think that social networks are private, but once you or someone else submits an embarrassing photo of you without your permission, everyone will see it. People may have settings to keep things private, but when it's out on the internet, everyone will find it somehow from a different resource. In an article by Brandon Griggs called "The 12 Most Annoying Types of Facebookers", the paparazzo is known for posting or tagging their friends and family to pictures that might be either inappropriate or humiliating without their permission. "Ever visit your Facebook page and discover that someone's posted a photo of you from last weekend's party-—a photo you didn't authorize and haven't seen? You'd really rather not have to explain to your mom why you were leering like a drunken hyena and French-kissing a bottle of Jagermeister." (Griggs 145). Just because you're on Facebook does not mean that you can forget what you have learned in your English class. "Yes, I know the punctuation rules are different in the digital world. And, no, no one likes a spelling-Nazi schoolmarm. But you sound like a moron." (Griggs 144). When chatting on the internet, people tend to abbreviate certain words to make messages easier to type and because of this, people tend to make grammar errors and spelling errors when writing an essay or any type of professional document. I remembered my English teacher in high school looked like they went through an absolute nightmare......

Words: 582 - Pages: 3

Revenue and Expenses

...action refers to equal opportunity employment measures that Federal contractors and subcontractors are legally required to adopt. These measures are intended to prevent discrimination against employees or applicant for employment on basis of color, religion, sex, or national origin (Executive Order 11246). Throughout the years there have been several court cases in regards to Affirmative Action. Affirmative Action remains a focal point of public debate as the results of legal and political developments at the federal, state, and local levels (Dale, 2005). In 1971 Griggs versus Power, Co was a court case argued before the Supreme Court of the United States. The Supreme Court ruled that the company’s employment requirements did not pertain to applicant’s ability to perform the job, and was discriminating against African American employee, even though the company had not intended it to do so (Griggs v. Duke Power Co, Supreme Court of the United States 1970-1971). The final decision in regards to this case included the line Congress has now provided that tests or criteria for employment or promotion may not provide equality. In recent years, federal courts have reviewed minority admissions programs to state universities in Texas, Georgia, Michigan, and Washington, questioning in general the constitutional status of racial and ethnic diversity policies in public education; ruled on minority preferences in public and private employment as a remedy for violation of......

Words: 1137 - Pages: 5

Business Law

...the bill it becomes law and then is a statute. Debate Conference Committee If both houses pass a bill the legislation normally must go to a conference committee to resolve differences between the 2 versions. Example: Proposed statute that employers cannot discriminate against race, color, religion, national origin or sex was debated and had to go to the conference committee since one of the houses added “sex “to the statute. Statutory Interpretation Courts are often called upon to interpret a statute. The court follows these steps in order: • Plain Meaning Rule Example: The word “religion” has plain meaning rule and courts apply its commonsense definition when there is a dispute. • Legislative History and Intent Example: Griggs vs Duke (Griggs won, Duke lost, employer cannot discriminate by having tests that are not required for the job performance) • Public Policy Congressional Override A bill vetoed by the President can technically be made into law by the Congress by both houses re-passing the bill each by a 2/3rd majority Example: Restoring of “business necessity” in the Civil Rights Act. The Other Player: Money Example: Raising and using “Soft Money” in election campaigns. Administrative Law Examples: FCC, EPA, IRS, FTC, FAA, FDA (Agencies and Service Commissions) Classification of Agencies Executive-Independent The President has much greater control of the executive agencies since he can fire the agency head at any time. Examples: IRS, FBI, FDA,......

Words: 615 - Pages: 3

Case Study Rav

...et al, 2001; Henderson & Williams 1991) demonstrating the necessity for a thorough, planned process. This paper reviews the implementation of the change in organisational design at RAV as outlined in a case study by Griggs and Lyster (2004, 612-631). The key focus addresses the implementation strategies chosen by RAV across five major activities. The discussion also analyses methodology and posits various recommendations and possible considerations that RAV could have adopted to ensure ongoing success of the new structure. In Australia ambulance services were impacted by various environmental factors which affected their operations. These included budget cuts; industry deregulation, a changing industrial relations system; training and development transferred to the tertiary sector; increasing community expectations; aging population; technological and clinical advancements; and regional hospital rationalisation (Griggs and Lyster 2004, 629). In addition the ambulance services in Victoria were faced with additional demands from the local community including reduced subscription revenue, increase in ambulance use due to an ageing population and a deregulated non-emergency patient transport market creating increased competition (Griggs and Lyster 2004, 630). These environmental drivers and election of the state coalition government whose new tenet of government policy was to focus on ‘patents and not institutions’ lead to a decision by the......

Words: 3567 - Pages: 15

Principles of Management

...1990 was enacted largely because of the Exxon Valdez spill in March 1989”. (Griggs, 2011) Its general provisions consist of the following: * Providing a comprehensive legal framework that establishes federal management and control of oil spills, and federal control of containment, removal, recovery and clean-up efforts. * It holds each “responsible party “liable for the costs of containment, clean -up, and damages sustained as a result of the spill. * It creates a single, unified fund called the Oil Spill Liability Trust Fund to pay clean-up and removal costs of up to $1 billion, and it creates stronger enforcement authorities, penalties, spill prevention countermeasures, and response mechanisms. * Requires that the federal government take control immediately in order to insure that containment, removal, and remediation measures are undertaken in a timely and orderly fashion. * Provides an array of civil and penalties to which a responsible party is potentially subject. (Griggs, 2011) “OPA 90 The effectiveness OPA of 1990 was dependent on its contingency response plans which in this case proved woefully inadequate. OPA 90 remains a good and effective law. The failure to implement and enforce fully all of OPA’s 90 requirements, not deficiencies in the statue, has contributed to the lost of public confidence in the offshore oil and gas industry caused by the BP spill.” (Griggs, 2011) I think OPA 90 would have been more effective if BP had followed......

Words: 999 - Pages: 4

Social Studies

... Feedback: see page 26. Activity 2.7 Adolphus Griggs has been charged with the murder of Luke Rowan. The case for the prosecution is that Griggs quarrelled with Rowan in the ‘Fox and Fiddle’ public house3 and shortly afterwards stabbed him in the street outside, as a result of which Rowan died. Read these extracts and summaries of witness statements, then answer the questions below. MARTHA TAPPITT: ‘On 25 January this year I was present in the ‘Fox and Fiddle’ public house at about 7.30pm, when a quarrel broke out between Mr Griggs and Mr Rowan. The voices of both men were raised, and I heard Mr Griggs say, “Rowan, you’re lower than a snake! This town would be a better place if you were dead and buried!”’ DOROTHEA PRIME: ‘Mr Griggs has been my lodger for the last two years. I remember the evening of 25 January this year. Mr Griggs came home at about 8.30pm. I saw him as he entered the hall. He was breathing heavily, his face was very pale, and I saw what looked like splashes of blood on his coat.’ DETECTIVE CONSTABLE GOODALL: DC Goodall’s statement describes how he searched Griggs’s room and took away a coat and knife, which were afterwards found to have on them stains of blood of the same blood group as that of Luke Rowan. The statement also refers to an interview with Griggs at the local police station. Part of a transcript of the interview reads as follows: DC GOODALL: ‘You were angry with Luke Rowan, weren’t you?’ GRIGGS: ‘I suppose I was.’ DC GOODALL: ‘And you stabbed...

Words: 4210 - Pages: 17

Human Resource Management

...of the landmark case the Supreme Court used to define unfair discrimination? a. Roe v. Wade b. Meritor Savings Bank FSB v. Vinson c. Griggs v. Duke Power Company d. Burlington Industries v. Ellerth e. Faragher v. City of Boca Raton (c; moderate; p. 37) 32. In Griggs v. Duke Power Company, Griggs sued the power company because it required coal handlers to be high school graduates. The case was decided in favor of Griggs because _____. a. high school diplomas were not related to job success as a coal handler b. Duke Power Company intended to discriminate against blacks c. no business necessity existed d. Griggs held a GED e. all of the above (a; moderate; p. 37) 33. Which of the following is not a principle established by Griggs v. Duke Power Company? a. burden of proof is on the employer b. intent not to discriminate is irrelevant c. business necessity is a defense d. testing must be job-related e. performance standards must be clear and ambiguous (e; difficult; p. 37) 34. Which court case was important because its ruling provided details regarding how employers should validate screening tools? a. Roe v. Wade b. Albemarle Paper Company v. Moody c. Griggs v. Duke Power Company d. Burlington Industries v. Ellerth e. Faragher v. City of Boca Raton (b; moderate; p. 38) 35. _____ means......

Words: 5338 - Pages: 22

Brief Summary of Hr Legal Cases

...Griggs V. Duke Power On December 14, 1970 in Draper North Carolina thirteen African Americans were represented by Griggs in the first legal law suite of its kind. Duke Powers reserved the good jobs for the white employees. There were extreme differences in wages and jobs. Also, there were standardized tests required to be taken by potential employees or employees who wanted promotions. The courts ruled that the tests did not pertain to applicant’s ability to perform the job. This case was pivotal to the workforce because people started taking the EEO more seriously. It helped with all aspects in HR, this case embraced the disparate impact which knocked down the barriers of equal opportunity employment. It set a foundation of how we should hire people and what is a fair acceptable way of doing recruiting. Harris v forklift system Inc. Teresa Harris was a manger for forklift systems, Inc. She had serval times been harassed by her president, Charles Hardy. She had been insulted on several occasions in front of other employees. After, promising that the harassment would end, Hardy comments got even worse. The courts saw this as fair unlikely grounds for a sexual suit. This plays an important part in HR because sexual harassment is very big issue in the workplace. This case really shows that one person can’t define harassment, it’s different in everyone’s eyes. Taxman V. Piscataway Board of Education The school had to lay off an employee. The board had a choice......

Words: 572 - Pages: 3

Biblical World Essay

...and ask a person and to ask them if there is any restriction within their religion as pertaining to the way I as a nurse would take care of them. “The historical biblical account of the creation of Adam and Eve (Genesis 1:26-27) states that God made the first man and woman 'in His own image'” (Grigg, 2015). It is important to set a good example since we have been created in the image of God. Being in the world of nursing I try to be mindful of what I say and do since I am a representation of God. It is always important to show goodness, kindness and to have empathy for those whom you are taking care of. There are many challenges face within nursing from the patients, the patient families and just the overall work environment. I try to remain positive and just let the patient voice what is going on with them. The best form of effective communication is just to listen. I teach them how to keep positive and help them to determine their own outcome. If they are a Christian, I remind them that God is there to help guide them through these times and he will provide an answer. “Hebrews 1:2 tells us that when God made the worlds (KJV) or universe (NIV), He did so by His Son” (Grigg, 2015). As a nurse, it is important to have patients trust you and to know that you can be trusted. After all their lives are in your hands and God’s. The people of whom you take care of and those with whom you work with must come to know that you are a trustworthy person. Gossip is a......

Words: 815 - Pages: 4

Lalalalala

...La Salle Academy Iligan City S.Y. 2015 – 2016 An Investigatory Project On Diet Coke & Mentos In Partial Fulfillment of the Requirements in Science 7 Submitted by: Alejo, Frank Felipe Endangan, Andrea Villiarosa, Ray Dominic Patero, Trexie Rashid, Rashida Submitted to: Maria Isabel Alesna Chapter I Introduction: Our topic is all about Coca-Cola. It is produced by the Coca-Cola Company in Atlanta, Georgia. And is often referred to simply as Coke. Originally intended as a patent medicine nor an exclusive right officially granted by a government to an inventor to make or sell an invention. And that was invented in the late of 19th century by John Pemberton, Coca-Cola was bought out by a business man Asa Griggs Candler, who’s marketing tactics led Coke to its dominance of the world soft-drinks market throughout the 20th century. We choose this topic because we want to realize that every person must to know that Coka-Cola is very acidic and not good for people. Even how you loved drinking soft drinks, but you must to knew that those ingredients can kill you. Our problem was all about what will be the reaction of the Coka-Cola if we put a mentos on it. We want to study this problem because we want to know what is the truth about the acid in the Coka-Cola. We wanted you to find out that when we show you our SIP, we want you to investigate how acid reacts. Our hypothesis is, If we put mentos in the diet Coke, the mentos react in the......

Words: 550 - Pages: 3

Hrm 552

...Caso De EstudioGrigg Vs. Duque Resumen El Griggs contra Duke Power Company fue un caso histórico en relación con la discriminación en el lugar de trabajo. Duke Power Company era conocida por discriminar a los negros durante el proceso de contratación sólo por lo que les permite trabajar en el departamento de trabajo que es lo que era la posición mas baja remuneración. Después de la Ley de Derechos Civiles fue aprobada, obviamente, la empresa ya no se puede discriminar legalmente basada en la raza. Sin embargo, la compañía se convirtió en astuto y se requiere un diploma de escuela secundaria para el empleo. Esto, a su vez elimina una gran cantidad de pontenciales empleados negros, porque la mayoría de ellos no tienen el bachillerato. Esto realmente se convirtió en un problema cuando Griggs solicitó un puesto, pero se le negó porque no tenía un diploma de escuela secundaria. Este fue llevado hasta la corte suprema y falló a favor de Griggs por las siguientes razones; En primer lugar, el tribunal dictamió que la discriminación no tiene que ser intencional para estar presente. La discriminación puede ser ilegal, incluso cuando se aplica de manera uniforme a todo el mundo. Por lo tanto, en este caso, a pesar de que los diplomas de la escuela secundaria se requieren para todo el mundo, que dio a los individuos negros una desventja grave y, a su vez limita sus oportunidades de empleo. En segundo lugar, el tribunal dictaminó que las prácticas de empleo debe ser el......

Words: 1259 - Pages: 6

Human Resource

...government, local government, and employment agencies. The Equal Employment Opportunity Commission was established to enforce and administer the Civil Rights law at work. I believe the Act has been effective in some ways. I definitely think things have come a long way over time. I know there are still employers that seem as though they are following the law but are not. They favor hiring only women in certain positions or males in others. A company will not of course come right out and say they only want a woman receptionist or male salesperson but clearly that is the case. 2) In the Griggs v. Duke Power Company, Willie Griggs claimed the requirement be a high school graduate for the coal handler job was illegally discriminatory. He claimed this would not relate to job performance and it would result in more whites being hired than blacks. The case was won by Griggs. I think this changed hiring procedure across the United States by making employers more aware of their hiring practices. It shows that even though an employer’s intent was not to discriminate it is irrelevant. I believe employers are clear about how certain qualifications are job related so that it will not lead to discriminating against certain individuals....

Words: 335 - Pages: 2