NCJ Number
59125
Journal
CIVIL RIGHTS DIGEST Volume: 7 Dated: (SPRING 1975) Pages: 42-51
Date Published
1975
Length
10 pages
Annotation
THIS ARTICLE EXAMINES ONE ASPECT OF TITLE VII OF THE 1964 CIVIL RIGHTS ACT--SECTION 703 (H) WHICH PROVIDES FOR THE USE OF 'PROFESSIONALLY DEVELOPED ABILITY TESTS' IN EMPLOYMENT SITUATIONS.
Abstract
THE FEDERAL COURTS ARE RESPONSIBLE FOR INTERPRETING THE AMBIGUOUS STRUCTURES OF TITLE VII AND STIPULATING THE MEANING OF 'PROFESSIONALLY DEVELOPED ABILITY TESTS' IN EMPLOYMENT SITUATIONS. THE COURTS HAVE LOOSELY DEFINED A TEST AS ANY MEASURE UPON WHICH AN EMPLOYMENT OR ADVANCEMENT DECISION IS BASED. WHETHER TESTS CAN BE DEVELOPED AS AN INSTRUMENT FOR IMPLEMENTING AFFIRMATIVE ACTION IS A QUESTION REMAINING UNANSWERED. COURTS HAVE TAKEN A WAIT-AND-SEE ATTITUDE ON THIS SUBJECT. EQUAL EMPLOYMENT OPPORTUNITY (EEO), HOWEVER, WAS GIVEN A BOOST BY THE DECISION IN GRIGGS V. DUKE POWER COMPANY (1971) WHEN THE SUPREME COURT HELD THAT IT IS THE 'CONSEQUENCES' OF EMPLOYER PRACTICE THAT IS IMPARTIALLY ADMINISTERED BUT HAS A DISCRIMINATORY EFFECT OR PERPETUATES DISCRIMINATION IS UNLAWFUL. SINCE THIS LANDMARK DECISION, AN EXPLOSION OF COURT CASES INVOLVING DISCRIMINATION HAS POINTED UP MANY OF THE PROBLEMS IN THE TEST USED. THIS ARTICLE EXPLORES THE HISTORY OF TEST USE SPECIFICALLY WITHIN THE FEDERAL GOVERNMENT, AND OUTLINES THE HISTORY BEHIND TITLE VII AND SECTION 703 (H). OTHER SECTIONS ARE DEVOTED TO TESTING AND UNFAIR EMPLOYMENT PRACTICES, FAIR TEST DEVELOPMENT AND USE, AND TEST VALIDITY IN THE EMPLOYMENT CONTEXT.