ERIC Number: ED183691
Record Type: Non-Journal
Publication Date: 1979-May
Reference Count: N/A
Testing Cases under Title VII.
Rothschild, Michael; Werden, Gregory J.
This paper discusses Congressional and judicial attempts to deal with the problem of employment practices which lead to discriminatory outcomes but which may not be discriminatory in intent. The use of paper and pencil tests as standards for hiring and promotion is focused on as an example of this type of employment practice. An historical account of the passage of Title VII and a description of Federal court interpretations of the law are presented. The author states that although Title VII does not explicitly forbid employment practices which are discriminatory in effect if they are not discriminatory in intent, the courts have generally ruled that tests used as standards for hiring and promotion have a discriminatory impact and that firms must be able to prove that their tests bear a "manifest relationship to the employment in question." It is found that, in the majority of cases, courts have rejected respondents' attempts to prove the validity of their testing programs, although lower courts may be expected to increasingly find that tests are valid in the future. It is concluded that it is difficult to get Federal courts to make decisions on technical questions on which a professional consensus has not developed. (Author/BE)
Publication Type: Legal/Legislative/Regulatory Materials; Information Analyses
Education Level: N/A
Sponsor: Department of Health, Education, and Welfare, Washington, DC.; National Science Foundation, Washington, DC.
Authoring Institution: Wisconsin Univ., Madison. Inst. for Research on Poverty.
Identifiers - Laws, Policies, & Programs: Civil Rights Act 1964 Title VII