Griggs v. Duke (1971): “Disparate Impact” legislation OK under Title VII and l4 amendment The Court struck down a basic job skills test required of all employees. Minority applicants failed such exams at a much higher rate than white applicants. The Court found that under Title VII, if such tests disparately impact ethnic minority groups, businesses much demonstrate that such tests are “reasonably related” to the job for which the test is required. If not, discrimination violative of the 14th amendment’s equal protection clause was presumed have occurred and the use of such employment tests must be discontinued. As such, the act (Title VII of the CRA of 1964) prohibits employment tests - when used as the controlling factor in employments decisions - that are not a “reasonable measure of job performance” - despite the absence of actual intent to discriminate. The exam must measure the person for the job- not the person in the abstract.