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Griggs v duke power ruling
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Griggs v. Duke Power is a pivotal case concerning employment discrimination. Duke Power, an electric company in the Carolinas, implemented specific education requirements and testing for new and existing employees. The requirements included a high school diploma and a passing score on two separate professionally prepared aptitude tests. The two required aptitude tests were the Wonderlic Personnel Test and the Bennett Mechanical Comprehension Test. The test requirements went into effect on July 2, 1965 which coincided with the effective date of Title VII. The results of the testing was that “whites scored far better on the Company’s alternate requirements than Negros” 420 F.2d 1225, 1239 n. 6. The key issue was whether or not the testing was
actually related to the job. Title VII requires a business to show evidence that testing is related to the job if disparate impact exists. The evidence provided did not prove the testing requirements were necessary for the job performance. The case of Griggs v. Duke Power matters because it was a pivotal decision in regards to employment discrimination and disparate impact. The most significant statement to me in the Burger opinion is “What congress has commanded is that any tests used must measure the person for the job and not the person in abstract” 110 Cong.Rec. 13724 (page 21). The statement clarifies the intent of Title VII in regards to testing and became a pivotal point of issue in correcting unfair practices, whether intentional or not, to minorities.
Their special admissions program worked by reserving sixteen percent of the entering class for minorities. The minorities entering through this special admissions program were processed and interviewed separately from the regular applicants. The grade point averages and standardized test scores from the special-admissions entrants were significantly lower than the grade point averages and standardized test scores of the regular entrants, including our dear friend Allan Bakke.
1. Were Mr. Goebel and other African-American applicants victims of racial discrimination because of the hiring policies of the defendant? Explain your position and cite all relevant case law. If you cannot take a definitive position, explain what specific information you require to be able to take a
The name of this case and the specific facts, however, were unavailable at this time.9 Obviously affirmative action and reverse discrimination are still heavily debated issues. This is because they affect all people of all races and ethnicities. Conclusion Allan Bakke was denied his fourteenth amendment right to equal protection of the laws. In addition the University of California at Davis violated Title IV of the 1964 Civil Rights Act. By order of the Supreme Court Bakke was admitted and th e numerical quotas of the special admissions program were deemed unconstitutional. Justice was served to Bakke, but future generations who are not minorities may be plagued by the other half of the decision: That race may still be used as a "plus" on an application.
The Plessy vs. Ferguson (1896) ‘equal but separate’ decision robbed it of its meaning and confirmed this wasn’t the case as the court indicated this ruling did not violate black citizenship and did not imply superior and inferior treatment ,but it indeed did as it openly permitted racial discrimination in a landmark decision of a 8-1 majority ruling, it being said was controversial, as white schools and facilities received near to more than double funding than black facilities negatively contradicted the movement previous efforts on equality and maintaining that oppression on
Cohn, Jay N., The Use of Race and Ethnicity in Medicine: Lessons from the African-American Heart Failure Trial, J.L. Med. & Ethics, Race and Ethnicity, Fall 2006, p 552-554.
Since this test has been devised, the number one question everybody is asking is, “ isn’t it unfair to base a student’s entire future on one test, when he or she simply could have had a bad day when taking the test”? The president Kirk T. Schroder of the Virginia Board of Education, answer this question by saying, “First of all, these tests are untimed, so no student is under arbitrary time pressure in taking the test.
Davis, Michelle R. “Title IX Panel Contemplates Easing Proportionality Test.” Education Week 11 Dec. 2002: 22.
John A. Kirk, History Toady volume 52 issue 2, The Long Road to Equality for African-Americans
Paul, D.A., Locke, R., Zook, K., Leef, K.H., Stefano, J.L. & Colmorgan, G. (2006). Racial
First of all, what is SOL testing? SOL (Standards of Learning) Tests are prescribed tests in the state of Virginia that must be taken in order for students to attain credits required to graduate. SOL's are the minimum curriculum requirements for student achievement, so they say. This test is designed to test knowledge in subjects such as history, math, science, english and computer science. SOL's are required tests in the state of Virginia in order for a student to graduate.
Another even more high news case was Ricci v. DeStefano. This landmark case ,most likely lead to Griffin and Low being rewarded as they were, started in 2003 when nineteen firefighters filled a lawsuit against the city of New Haven, Connecticut alleging that the city discriminated against them regarding promotions. Of these firefighters, seventeen are Caucasian and two are Hispanic, had all passed the city test for promotions to management. New Haven officials invalidated the test results because none of the b...
Jones, Ed. “Is affirmative action necessary? NO: It’s time to judge on merit.” Denver Post 24 July 2003: B,07.
The question whether the government should be able to use racial categories when it is beneficial, and not discriminatory to minorities who have a history of being discriminated against. The Supreme Court first looked into this question, in the case of Bakke v. Regents, University of California. Allan Bakke, a 35 year old white male who applied to UC-Davis Medical School, claimed that he was denied admission although his test scores and grades were considerably better than the minority applicants who were
Toldson, Ivory A. "Editor's Comment: When Standardized Tests Miss The Mark." Journal Of Negro Education 81.3 (2012): 181-185. Academic Search Complete. Web. 13 Nov. 2013.
Standardized testing in the United States was not always common practice. In the Mid-1800s, Horace Mann, an education reformist, developed a test to administer to a group of students. Its purpose was to determine how students were performing at their current level and whether they were capable of proceeding to a higher level of education, although the student’s success on the test had no negative repercussions. These tests were a necessity at that time because the idea of public education was still being molded and these tests were the only means by which student progress could be measured. Within 35 years of the first recorded examination in 1845, testing became the factor which determined whether students were able to be promoted to the next grade.