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  •  Really, really valuable stuff dopper. (18+ / 0-)

    Thanks.

    I have to wonder if the Supreme Court as currently composed would apply Griggs v. Duke Power and uphold a Title VII challenge to these hiring practices.  They should, I think, but I don't know if they would.

    The website HR Guide deftly defines "disparate impact," the central concept of the Griggs decision:

    Even where an employer is not motivated by discriminatory intent, Title VII [of the Civil Rights Act of 1964] prohibits an the employer from using a facially neutral employment practice that has an unjustified adverse impact on members of a protected class.

    Particularly, the Court held that Title VII:

    "...proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. . . . [G]ood intent or absence of discriminatory intent does not redeem employment procedures or testing mechanisms that operate as 'built-in headwinds' for minority groups and are unrelated to measuring job capability."

    I rather suspect that they'd hide behind "business necessity" and "measuring job capability" and ignore that not hiring the unemployed guarantees a permanent underclass.

    And if they did, would that mean that we are as a nation now less committed to civil rights than we were in 1964?  A hard question, and I don't know if we'd like the answer.

    And therein lies the danger in not pushing back at far, far premature musings of a "post-racial" society.

    PW

    "No, no, we are not satisfied, and we will not be satisfied until justice rolls down like waters and righteousness like a mighty stream." --MLK

    by Progressive Witness on Fri Sep 23, 2011 at 02:04:58 PM PDT

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