Griggs v. Duke Power Company
420 F.2d 1225
Eskridge,
pp. 42-47
Facts: Duke Power previously did
not allow African-American employees to be promoted out of the Labor Department
(i.e. janitors). Duke Power enforced
this by requiring employees to have a high school diploma in order to be
promoted out of the Labor Department. In
light of the Civil Rights Act, they changed their policy such that one of two
high school equivalency tests could stand in the place of a high school
diploma.
Issue: Are the diploma and testing
requirements acceptable under Title VII?
Rule:
Analysis: In the opinion of the
court, even though the EEOC has held testing requirements unlawful, this
finding cannot stand if it is in direct conflict with the legislative history.
The
minority shows more deference to the EEOC interpretation of the statute.
Conclusion: Duke Power’s employment
practices are found to be legal.