...36, 44; Griggs v. Duke Power Co., 401 US, at 429-431. To achieve this purpose. Congress "proscribe[d] not only overt discrimination but also practices that...are fair in form, but discriminatory in operation." Id., at 431. Thus, the Court has repeatedly held that a prima facie Title VII violation may be established...

...Duke Power Co. upheld the use of the effect test. In that opinion, Chief Justice Burger wrote: . . . [T]he Act proscribes not only overt discrimination...related to job performance, the practice is prohibited. [P] radices, procedures, or tests neutral on their face, and even neutral in terms of intent, cannot...

...operate invidiously to discriminate on the basis of racial or other impermissible classification . . . The act proscribes not only overt discrimination but...related to job performance, the practice is prohibited. . . . Congress has placed on the employer the burden of showing that any given requirement must have...

...Congress has now required that the posture and condition of the job seeker be taken into account .... The Act proscribes not only overt discrimination but...business necessity. If an employment practice which excludes Negroes cannot be shown to be related to job performance, the practice is prohibited. The...

...that they really measured job capability. "The touchstone is business necessity," the opinion said. "If an employment practice which operates to exclude...related to job performance, the practice is prohibited." The Court ruled that the Duke Power Company had failed to demonstrate the business need for the test...

...and this Court expressly recognized these differences in Gaston County v. United States, supra. . . . The act proscribes not only overt discrimination but...are fair in form, but discriminatory in operation .... [G]ood intent or absence of discriminatory intent does not redeem employment procedures or testing...

...Griggs v. Duke Power Company. 39 US LW 4317, 4319 (March 8, 1971). The Act proscribes not only "over discrimination but also practices that are fair in...operation. The touchstone is business necessity." Id. 17. In Origgs the Supreme Court expressly rejected "subjective intent" as an element of racial...

...Potcer Co.. 401 US 424, 429 (1971), the Court speaking through Chief Justice Burger held that title VII "proscribes not only overt discrimination but also...are fair in form, but discriminatory in operation. * * * If an employment practice which operates to exclude Negroes cannot be shown to be related to...

...Power Co., 401 US 424, 429 (1971), the Court speaking through Chief Justice Burger held that Title VII "proscribes not only overt discrimination but also...are fair in form, but discriminatory in operation. ... If an employment practice which operates to exclude Negroes cannot be shown to be related to job...

...Prticer Co., 401 US 424, 429 (1971), the Court speaking through Chief Justice Burger held that title VII "proscribes not only overt discrimination but also...are fair in form, but discriminatory in operation. * * * If an employment practice which operates to exclude Negroes cannot be shown to be related to...