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" The Act proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude Negroes cannot be shown to be related... "
Handbook of the Sociology of Racial and Ethnic Relations - ˹éÒ 39
á¡éä¢â´Â - 2007 - 494 ˹éÒ
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United States Reports: Cases Adjudged in the Supreme Court at ..., àÅèÁ·Õè 431

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1976 - 1102 ˹éÒ
...Co., 401 US, at 429-431. To achieve this purpose. Congress "proscribe[d] not only overt discrimination but also practices that are fair in form, but discriminatory in operation." Id., at 431. Thus, the Court has repeatedly held that a prima facie Title VII violation may be established...
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United States Reports: Cases Adjudged in the Supreme Court, àÅèÁ·Õè 456

United States. Supreme Court - 1984 - 1138 ˹éÒ
...Green, 411 US 792, 800 (1973). The Act was designed to bar not only overt employment discrimination, "but also practices that are fair in form, but discriminatory in operation." Griggs v. Duke Power Co., 401 US 424, 431 (1971). "Thus, the Court has repeatedly held that a prima...
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Civil Rights Digest, àÅèÁ·Õè 7

1974 - 226 ˹éÒ
...that opinion, Chief Justice Burger wrote: . . . [T]he Act proscribes not only overt discrimination but also practices that are fair in form but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude Negroes cannot...
ÁØÁÁͧ·Ñé§àÅèÁ - à¡ÕèÂǡѺ˹ѧÊ×ÍàÅèÁ¹Õé

Records Maintained by Government Agencies: Hearings Before a Subcommittee of ...

United States. Congress. House. Committee on Government Operations. Foreign Operations and Government Information Subcommittee - 1973 - 244 ˹éÒ
...speaking through Chief Justice Burger held that title VII "proscribes not only overt discrimination but also practices that are fair in form, but discriminatory...to be related to job performance, the practice is prohibited." In the case of an employment practice of inquiring into an applicant's arrest record,...
ÁØÁÁͧ·Ñé§àÅèÁ - à¡ÕèÂǡѺ˹ѧÊ×ÍàÅèÁ¹Õé

Records Maintained by Government Agencies: Hearings Before a Subcommittee ...

United States. Congress. House. Government Operations Committee - 1972 - 238 ˹éÒ
...speaking through Chief Justice Burger held that title VII "proscribes not only overt discrimination but also practices that are fair in form, but discriminatory...to be related to job performance, the practice is prohibited." In the case of an employment practice of inquiring into an applicant's arrest record,...
ÁØÁÁͧ·Ñé§àÅèÁ - à¡ÕèÂǡѺ˹ѧÊ×ÍàÅèÁ¹Õé

Hearings on Utilization of Minority and Women Workers in the Public ...

United States. Equal Employment Opportunity Commission - 1972 - 578 ˹éÒ
...that they really measured job capability. "The touchstone is business necessity," the opinion said. "If an employment practice which operates to exclude...to be related to job performance, the practice is prohibited." The Court ruled that the Duke Power Company had failed to demonstrate the business need...
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Equal Educational Opportunity: Hearings Before the Select Committee on Equal ...

United States. Congress. Senate. Select Committee on Equal Educational Opportunity - 1971 - 1584 ˹éÒ
...Power Company. 39 US LW 4317, 4319 (March 8, 1971). The Act proscribes not only "over discrimination but also practices that are fair in form, but discriminatory In operation. The touchstone is business necessity." Id. 17. In Origgs the Supreme Court expressly rejected "subjective...
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Hearings, Reports and Prints of the Senate Committee on the Judiciary

United States. Congress. Senate. Committee on the Judiciary - 1972 - 1232 ˹éÒ
...basis of racial or other impermissable classification. The act proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude Negroes cannot...
ÁØÁÁͧ·Ñé§àÅèÁ - à¡ÕèÂǡѺ˹ѧÊ×ÍàÅèÁ¹Õé

Selected Court Decisions Relating to Equal Educational Opportunity ... March ...

United States. Congress. Senate. Select Committee on Equal Educational Opportunity - 1972 - 678 ˹éÒ
...differences in Gaston County v. United States, supra. . . . The act proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation .... [G]ood intent or absence of discriminatory intent does not redeem employment procedures or testing...
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Security and Privacy of Criminal Arrest Records: Hearings, Ninety-second ...

United States. Congress. House. Committee on the Judiciary. Subcommittee No. 4 - 1972 - 554 ˹éÒ
...racial or other impermissible classification .... The act proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude Negroes cannot...
ÁØÁÁͧ·Ñé§àÅèÁ - à¡ÕèÂǡѺ˹ѧÊ×ÍàÅèÁ¹Õé




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