Blackwell Reference Online

Extract

In Teal , black employees of the state claimed that the examination required for promotion to supervisor and the set passing score of 65 resulted in disparate impact . These employees temporarily performed the supervisory jobs satisfactorily, applied for the jobs permanently, failed to meet the test cutoff, and were subsequently denied promotion into the supervisory positions. From the list of those who passed the exams, the state promoted a disproportionate number of minority group members by applying an affirmative action program to insure significant minority representation. Indeed, the overall result of the process or the bottom line was more favorable to minorities than to whites. The court held, however, that the pass–fail barrier exam still resulted in disparate impact and therefore was discriminatory to specific individuals regardless of the employer's nondiscriminatory bottom line . ... log in or subscribe to read full text