On March 8, 1971, the Supreme Court of the United States decided a
case, "Griggs v. Duke Power Co.", brought by thirteen African
American employees who worked as common laborers and janitors at
one of Duke Power's facilities. The decision, in plaintiffs' favor,
marked a profound and enduring challenge to the dominance of white
males in the workplace. In this book, Robert Belton, who
represented the plaintiffs for the NAACP Legal Defense Fund and
argued the case in the lower courts, gives a firsthand account of
legal history in the making--and a behind-the-scenes look at the
highly complex process of putting civil rights law to work.
Title VII of the Civil Rights Act of 1964 eliminated much
blatant discrimination, but after its enactment and before
"Griggs," businesses held the view that a commitment to equality
required only eliminating policies and practices that were
intentionally discriminatory--the "disparate treatment" test.
In "Griggs v. Duke Power Co.," the Supreme Court ruled that a
"disparate impact" test could also apply--that the 1964 Civil
Rights Act extended to practices with a discriminatory "effect." In
tracing the impact of the "Griggs" ruling on employment practices,
this book documents the birth, maturation, death, and rebirth of
the disparate impact theory, including its erosion by later Supreme
Court decisions and its restoration by congressional action in the
Civil Rights Act of 1991.
Belton conducts us through this historic case from the original
lawsuit to the Supreme Court decision in "Griggs" and beyond as he
traces the post-"Griggs" developments in the lower courts, the
Supreme Court, and Congress; he provides informed insights into
both litigators' and judges' perspectives and decision-making. His
work situates the case in its legal, social, and historical
contexts and explores the relationship between public and private
enforcement of the law, with a focus on the Legal Defense Fund's
litigation campaign against employment discrimination. A detailed
examination of the development of legal principles under Title VII,
this book tells the story of this seminal decision on equal
employment law and offers an unprecedented close-up view of
personal conviction, legal strategy, and historical forces
combining to effect dramatic social change.
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