1971
The
Supreme Court in Phillips v. Martin
Marietta Corp. holds that Title VII's prohibition
against sex discrimination means that employers cannot discriminate
on the basis of sex plus other factors such as having school age
children. In practical terms, EEOC's policy forbids employers from
using one hiring policy for women with small children and a
different policy for males with children of a similar age.
In
Griggs v. Duke Power
Co., the Supreme Court decides that where an employer
uses a neutral policy or rule, or utilizes a neutral test, and this
policy or test disproportionately affects minorities or women in an
adverse manner, then the employer must justify the neutral rule or
test by proving it is justified by business necessity. The Court
reasons that Congress directed the thrust of Title VII to the
consequences of employment practices, not simply the motivation.
This decision paves the way for EEOC and charging parties to
challenge employment practices that shut out groups if the employer
cannot show the policy is justified by business necessity.
Congress holds hearings on amending Title VII. A Senate Report
declares, "During the six years since its inception, EEOC has made
a heroic attempt to reduce the incidence of employment
discrimination in the nation . . . ." The Senate report states
that, "employment discrimination is even more pervasive and
tenacious than the Congress had assumed it to be at the time it
passed the 1964 Act. It affects employees in both the private and
the public sectors as well as those working in large and small
establishments." Congress finds little progress by minorities in
any occupational field and significant pay disparities for women. A
consensus grows that the "voluntary conciliation approach" of the
1964 Act is inadequate to the task, as the number of charges filed
grows dramatically each year while EEOC "presents largely an
ineffectual threat" to employers. There is disagreement, however,
on what enforcement powers should be given to EEOC. Bills are
introduced granting EEOC authority to issue mandatory "cease and
desist" orders.
The
final public hearings held by the Commission between 1965 and 1972
take place in Washington, D.C. in November 1971 examining the
employment practices of the gas and utilities industry. Research
papers resulting from the hearing show the general underutilization
of women and minorities in these industries. As a result, nine
Commissioner charges are filed against utility firms; one charge is
referred to the Department of Justice for suit and technical
assistance is provided to six firms.
EEOC
now has seven regional offices and 27 district offices nationwide.
Field directors are delegated authority to issue Findings of Fact
to the parties to a charge. The parties then have the right to file
exceptions to the Findings before the Commission makes its
decision.
Next: 1972
|