The Dismantling of the Griggs Disparate Impact Theory and the Future of Title VII: The Need for a Third Reconstruction

Abstract

Congress enacted Title VII of the Civil Rights Act of 1964 to promote equality in the workplace. Congress clearly intended the Act to remedy intentional discrimination. The Act, however, remains silent about whether it is also concerned with facially neutral employment practices, adopted without a discriminatory motive, that adversely affect the employment opportunities of racial minorities and women. The legislative history of Title VII, as originally enacted, is inconclusive on this issue.