![]() ![]() ![]() The District Court found that respondent's former policy of racial discrimination had ended, and that Title VII, being prospective only, did not reach the prior inequities. While § 703(a) of the Act makes it an unlawful employment practice for an employer to limit, segregate, or classify employees to deprive them of employment opportunities or adversely to affect their status because of race, color, religion, sex, or national origin, § 703(h) authorizes the use of any professionally developed ability test, provided that it is not designed, intended, or used to discriminate. These requirements were not directed at or intended to measure ability to learn to perform a particular job or category of jobs. Negro employees at respondent's generating plant brought this action, pursuant to Title VII of the Civil Rights Act of 1964, challenging respondent's requirement of a high school diploma or passing of intelligence tests as a condition of employment in or transfer to jobs at the plant. Employers thus could not camouflage their discriminatory intent through ostensibly neutral tests that disfavored certain groups without being targeted to test their job ability. This case showed that discrimination could be found on the basis of disparate impact as well as an overtly discriminatory purpose. The lower court found no discriminatory purpose in the employer's use of the preliminary requirements and did not find that they needed to be job-related, even though there was a disparate impact on African-American employees and prospective employees. These were general tests that were not related to aptitude for the particular job, but they were considered legal under Title VII of the Civil Rights Act as long as they were not intended or used to discriminate. ![]() An employer imposed a requirement preliminary to employment or transfer of having a high school diploma or passing an intelligence test. ![]()
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