Employment Litigation · Primary-source case analysis

Griggs: Neutral Employment Tests Must Be Related to the Job When They Disparately Exclude

By Aneeta Mishra and Timothy Chan

Published August 29, 2026

Griggs v. Duke Power Co. challenged a high-school diploma requirement and general aptitude tests imposed in a workplace with a history of racially segregated job assignments.

Neutral form did not end the inquiry

Title VII addressed practices that operated as artificial barriers even without proof that the employer adopted them with discriminatory intent.

The requirements had a substantial racial impact

The diploma and tests screened out Black applicants at higher rates and restricted access to better departments.

The employer had to connect the criteria to the work

General beliefs about workforce quality were insufficient where the standards were not validated for the jobs and employees had performed successfully without them.

Current law supplies the governing statutory framework

Congress later codified disparate-impact rules, including business necessity and alternative-practice questions, so modern claims require current section 2000e-2(k) analysis.

Key takeaways

• Identify the specific practice producing the disparity.
• Use reliable applicant and selection-rate data.
• Demand job-related validation tied to essential functions.
• Evaluate less discriminatory alternatives under current Title VII.