The Griggs Decision and
Affirmative Action
American Thinker,
by
Nicholas J. Kaster
Original Article
Posted By: Magnante,
1/29/2021 9:04:36 AM
Griggs v. Duke Power Co. does not have the name recognition of Roe v. Wade or Brown v. Board of Education, but it is nonetheless one of the most consequential decisions ever rendered by the U.S. Supreme Court. (snip)At issue in the Griggs case was the legality of employment tests that Duke Power Company administered to its job applicants.(snip) the Supreme Court ruled against Duke Power, holding that even a facially neutral employment test could be illegal if it had a “disparate impact” (that is, if significantly more minority than white applicants failed).
Reply 1 - Posted by:
WhamDBambam 1/29/2021 9:16:56 AM (No. 678276)
On of the great perversions in American law.
15 people like this.
Reply 2 - Posted by:
chance_232 1/29/2021 9:23:41 AM (No. 678284)
Thus the necessity of carefully screening resumes before you have someone come in for a test.
17 people like this.
Reply 3 - Posted by:
billp 1/29/2021 10:07:56 AM (No. 678324)
Our nation has bent over backward to atone for past transgressions of people we've never know. It is not enough and never will be as long as one political party continues to use race as a springboard for their own aspirations for power. If all races are truly equivalent, why must one race be constantly cared for like they were needful children?
25 people like this.
Reply 4 - Posted by:
Heil Liberals 1/29/2021 10:09:13 AM (No. 678326)
Disparate impact is the greatest legal fiction ever created by the Warren court. It is the legal unicorn that is used whenever logic and common sense are 100% against the Leftists agenda.
20 people like this.
Reply 5 - Posted by:
MDConservative 1/29/2021 11:13:59 AM (No. 678412)
The other ingredient in Griggs was the principle of relation to the job, and the ability to demonstrate that relation. Giving IQ tests to trash collectors, for example, has very little relation to the job, a simple task that requires fewer brains than brawn. Brawn one can measure "objectively".
Credentialing is a joke. From Ivy schools to your local community college, standards for classes and graduation vary widely. Any fool these days can gain admittance and even graduation with a degree. My alma mater is now giving credit for "remedial" courses, those numbered lower than 100, and you can collect up to 30 of those toward the 120 needed for a degree as "electives".
I've known at least two college graduates on the Federal payroll who were functionally illiterate. One was a commissioned officer (white, by the way) out of a large state university who was eventually forced to attend Basic Skills Education classes. The other was from a local hypenated state university attending on a basketball scholarship. A degree doesn't even ensure basic literacy.
Masters Degrees are sold dime-a-dozen by even prestigious schools. They are no guarantee of anything, either. And then we see DOCTOR Jill, educator de luxe...
Used to be people worked their way up, proving themselves along the way. Now, not so much. We have programs...lots and lots of programs...get your "Certificates of Completion, HERE!!"
11 people like this.
Reply 6 - Posted by:
lakerman1 1/29/2021 11:34:54 AM (No. 678423)
Wards cove Packing v. antonio sort of modified Griggs, in that statistics aone could not be used to prove discrimination. The author should have included that case in his essay.
As for college credentialing, I agree. There are graduate degrees in Leadership that are worthless. Jill Biden has one of those doctorates.
7 people like this.
Reply 7 - Posted by:
DVC 1/29/2021 11:37:48 AM (No. 678426)
Supporting the "credentials mean nothing" comments of #5, I managed R&D projects in the former soviet states for a decade. On one project, there was a female engineer who spoke pretty good English and she wound up by default being our interpreter. We got to chat during meals and breaks and she had good English skills. I later found that they were largely self taught, no official training. Eventually, a professional translator was assigned to the project and he had a nice certificate saying that he was a skilled 'technical translator'. Technical translation is much more difficult than just translating a menu or tourist guidebook.
The female engineer had translated the earliest memorada of understanding, and other technical documents, and via email I had corrected a few minor errors. Generally her work was very readable.
The first report the the "credentialed technical translator" sent was 70% incomprehensible gibberish. I remember one particularly astounding sentence, about 12 or 15 words long which was a string of perfectly good English words. After you read it, NOTHING popped to mind. NO communication of ideas occurred. You had not the slightest idea was the intent was. So, you read it again, more slowly, more carefully, more focused.......still just no clues. Now you start doing the synonym 'dance', trying out various alternative possible definitions of each word to see of one of those might start to give at least a hint. Hopeless.
I sent the report back to the female engineer and asked her to rework it. It came back great. After a few more of these disasters, I asked the Ukrainian project manager to have the female engineer do all the translations and to drop the guy with the credentials off of the project. This caused a bit of an uproar, because HE HAD A CERTIFICATE, and the female engineer did not. Certificates, with blue stamps and such official bureaucratic trappings carried great weight in the Soviet Union, and that carries on, sadly. Blue stamps were big deals over there.
College degrees are more often handed out to minorities who have no actual achievements, too. Witness, Sandy, the tip stealing barmaid, who apparently has a certificate that says she is a college graduate in economics. And in reality, she is an ignorant fool, and everything that she "knows" about economics is false.
14 people like this.
Reply 8 - Posted by:
bigfatslob 1/29/2021 1:28:50 PM (No. 678512)
The Supreme Court is DOA since Roberts controls it. This is just plain, hire the dummy and forget about the qualifications. This is beyond dumbing down this is just plain 'dumb'.
2 people like this.
Reply 9 - Posted by:
DVC 1/29/2021 2:08:28 PM (No. 678561)
Affirmative action for the lazy and stupid.
3 people like this.
Reply 10 - Posted by:
ronniethek 1/29/2021 8:56:46 PM (No. 678812)
The past 50 years has seen the total abandonment of meritocracy in America in favor of mediocrity and race based outcomes. This trend IS DESTROYING AMERICA.
2 people like this.
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