![]() 1969), the court said: "Where necessary to ensure compliance with the Act, the District Court was fully empowered to eliminate the present effects of past discrimination." Go to In Local 53 of International Association of Heat and Frost Insulators and Asbestos Workers v. ![]() "* * * here, as here, `job seniority' operates to continue the effects of past discrimination, it must be replaced * *." United States v. Local 189, supra, as the district court, with subsequent approval of the Fifth Circuit Court of Appeals, struck down a seniority system which had the effect of perpetuating discrimination. The Quarles decision was expressly approved and followed in United States v. In Quarles, it was directly held that present and continuing consequences of past discrimination are covered by the Act, the court stating, "It is also apparent that Congress did not intend to freeze an entire generation of Negro employees into discriminatory patterns that existed before the act." Quarles v. Hayes International Corporation, 415 F.2d 1038 (5 Cir. Local 53 of International Association of Heat and Frost Insulators and Asbestos Workers v. While it is true that the Act was intended to have prospective application only, relief may be granted to remedy present and continuing effects of past discrimination. This holding is in conflict with other persuasive authority and is disapproved. However, the district court also held that Title VII of the Civil Rights Act of 1964 does not encompass the present and continuing effects of past discrimination.In 1991, the Civil Rights Act was amended to overturn that portion of the Wards Cove decision. Atonio, the Court reduced the employer's (Wards Cove Packing Company) burden to producing only evidence of business justification. also held that the employer had the burden of producing and proving the business necessity of a test. Since the aptitude tests involved, and the high school diploma requirement, were broad-based and not directly related to the jobs performed, Duke Power's employee transfer procedure was found by the Court to be in violation of the Act.Ĭhief Justice Burger wrote the majority opinion. Davis test for disparate impact is used in constitutional equal protection clause cases while Title VII's prohibition on disparate impact is a statutory mandate.) As such, Title VII of the Civil Rights Act prohibits employment tests (when used as a decisive factor in employment decisions) that are not a "reasonable measure of job performance," regardless of the absence of actual intent to discriminate. ![]() Because Title VII is passed pursuant to Congress's power under the Commerce Clause of the Constitution, the disparate impact test later articulated by the Supreme Court in Washington v. The Supreme Court ruled that under Title VII of the Civil Rights Act, if such tests disparately impact ethnic minority groups, businesses must demonstrate that such tests are "reasonably related" to the job for which the test is required. In 1955 the company added the requirement of a high school diploma for its higher paid jobs. In the 1950s Duke Power's Dan River plant had a policy that blacks were allowed to work only in its Labor department, which constituted the lowest-paying positions in the company. Duke Power also supplied electric power to federal government agencies and, for that reason, was subject to an Executive Order that prohibited discrimination in employment. Duke Power Company was a public utility corporation that was involved in the generation, transmission, distribution, and sale of electric power to the general public in North Carolina and South Carolina.
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