HOW COULD I FORGET OUR ANNIVERSARY?: Yesterday was the anniversary of the Griggs v. Duke Power Co. (1971) decision, in which the Supreme Court adopted disparate impact liability under Title VII. If you want to understand just how awful this decision was (and is), read “Title VII Disparate Impact Liability Makes Almost Everything Presumptively Illegal.” Griggs brought us to where we are today–where the desire for equal outcomes rather than equal opportunity drives federal policy.
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