Credentialing by Tests or by Degrees: Title VII of the Civil Rights Act and Griggs v. Duke Power Company

Abstract

Title VII of the Civil Rights Act of 1964 and the Equal Employment Opportunity Act of 1972 made it unlawful for an employer to use the results of a test to discriminate because of race, color, religion, sex, or national origin. If a group could show an adverse effect based on such a test, the employer had to prove the test was job-related. Griggs v. Duke Power Company challenged this principle, and the Supreme Court struck down the use of general aptitude tests and a high school diploma requirement for certain jobs. In this article, the author traces the evolution of Title VII and the Griggs precedent, looking at their implications for education in two ways. First, as the educational system is an employer, it must interpret the law for its own hiring and promotion practices. Second, as educational requirements and credentials are struck down by the courts, there could be major changes in the enrollment patterns, content, and functions of public schools and institutions of higher education.