Question: The Duke Power Co. refused to transfer any employees at its generating plant to better...

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Question: The Duke Power Co. refused to transfer any employees at its generating plant to better jobs unless they had a high school diploma or could pass an intelligence test. The company was willing to pay two-thirds of the tuition for an employee's high school training. Neither a high school education nor the intelligence test was sig- nificantly related to successful job performance. Both requirements disqualified African Americans at a substantially higher rate than white applicants. Is the company in violation of Title VII? Strategy: Was there evidence that blacks and whites were being treated differently? No, the same rules applied to both. But did the rules have a disparate impact? Yes, many more whites could pass the standard. Is race a protected category under Tide VII? Yes. Were the standards essential for these jobs? Would other, less discriminatory rules have achieved the same result? (See the "Result" at the end of this section.)