Duke Power used a high school completion requirement and an intelligence test in hiring and promotion. The result was that fewer minority applicants qualified for jobs at Duke Power. Griggs sued under Title VII.

Issue: Does Title VII proscribe tests that are neutral on their face but perpetuate discrimination?

Holding: Title VII does proscribe such tests. The Act proscribes not only overt discrimination but also practices that are fair in form but discriminatory in operation. The touchstone is business necessity. If an employment practice excludes minorities, it is prohibited unless it can be shown to relate to job performance.

Question:

1. What is the important issue that the Griggs case resolved?

2. May such a law violate Title VII?

3. Why did the court rule as it did?