Title 7 Disparate Impact Liability Makes Almost Everything Presumptively Illegal
In Griggs v. Duke Power Co. (1971), the Supreme Court, against the overwhelming weight of the evidence, interpreted Title VII to prohibit not just conscious and unconscious discrimination but also disparate impact, subject to an affirmative defense of business necessity. One problem is that, if di
Summary
The Supreme Court’s interpretation of Title VII in Griggs v. Duke Power Co. has significant implications for how discrimination is assessed, extending beyond intentional bias to include practices that result in disparate impact. This raises critical questions about what constitutes legal employment practices in the face of potential discrimination claims.
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