| 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... | |
| 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... | |
| 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,... | |
| 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... | |
| 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... | |
| |