Title 7 Disparate Impact Liability Makes Almost Everything Presumptively Illegal

In Griggs v. Duke Power Co. (1971), the Supreme Court, against the overwhelming weight of the evidence, interpreted Title VII to prohibit not conscionable conscious and unconscious favoritism but besides disparate impact, taxable to an affirmative defense of business necessity. One problem is that, if disparate effect based connected race, color, religion, activity aliases nationalist root is not universal, it is astir so. It is difficult to travel up pinch a occupation qualification that has been really utilized to prime 1 occupation applicant complete different that does not person a disparate effect connected immoderate group. This article explores the history of disparate effect liability nether Title VII, Congress’s evident acquiescence successful 1991, the bonzer discretion it gives to the EEOC, its exertion to criminal inheritance checks successful particular, and arguments concerning its constitutionality.

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