PHR · Question #53
As an HR Professional you must be familiar with several different lawsuits and their affect on human resource practices today. What legal case found that a test that has an adverse impact on a protect
The correct answer is A. Washington versus Davis, 1976. Washington v. Davis (1976) established that an employment test causing adverse impact on a protected class remains lawful if the employer demonstrates the test is valid and job-related.
Question
As an HR Professional you must be familiar with several different lawsuits and their affect on human resource practices today. What legal case found that a test that has an adverse impact on a protected class is still lawful as long as the test can be shown to be valid and job related?
Options
- AWashington versus Davis, 1976
- BGriggs versus Duke Power, 1971
- CMcDonnell Douglas Corp. versus Green, 1973
- DAlbemarle Paper versus Moody, 1975
How the community answered
(28 responses)- A79% (22)
- B4% (1)
- C7% (2)
- D11% (3)
Why each option
Washington v. Davis (1976) established that an employment test causing adverse impact on a protected class remains lawful if the employer demonstrates the test is valid and job-related.
In Washington v. Davis, the Supreme Court upheld a verbal aptitude test used to screen Washington D.C. police recruits despite its disparate impact on Black applicants, ruling the test was constitutional because it was shown to be job-related (correlated with performance in police training). This case affirmed that job-relatedness and validity are sufficient defenses against adverse impact claims under constitutional review. It is the landmark case most directly addressing the lawfulness of a test with adverse impact when validity is demonstrated.
Griggs v. Duke Power (1971) established the disparate impact doctrine and ruled that employment tests with adverse impact are unlawful UNLESS job-related - it set the burden, not the exception.
McDonnell Douglas Corp. v. Green (1973) established the burden-shifting framework for proving intentional (disparate treatment) discrimination under Title VII, not the validity defense for adverse impact.
Albemarle Paper v. Moody (1975) reinforced Griggs by clarifying the standards for test validation and back-pay remedies, but it did not specifically rule on the lawfulness of a job-related test with adverse impact.
Concept tested: Adverse impact vs. job-related validity defense
Source: https://www.eeoc.gov/laws/guidance/questions-and-answers-clarify-and-provide-common-interpretation-uniform-guidelines
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