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Ethics in Assessment Jeremy Boucher Gregory Fabiano University of Phoenix PSYCH 655 11/03/2017

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Griggs V. Duke Power Company in 1970, was one of the most controversial cases that violated the employment civil rights of black workers. The United States Supreme Court decided that this case was the landmark of cases. The case started by Willie Griggs who filed a complaint that led to a class action law suits against the employer of several African American employees at Duke Power Company. The complaint was targeted on the process that Duke uses to do inside transfer policy. Duke was requiring that the employees who wanted to work in the higher paying positions had to take a separate test. The test takers were required to have a certain score and there were two different aptitude tests based on the person having a high school education. Griggs complained that the testing discriminated against African Americans who did not have a high school education according to the 1964 Civil Rights Act, (Find Us Law, 1971). In 1960, president John F Kennedy was elected, and he put into place the Civil Rights Act of 1960. Kennedy was murdered, and there was much controversy about this law because many people did not want it to be put into place. Lyndon B Johnson the vice president continued to complete what President Kennedy started and signed the act in July 1964. Congress passed Public Law 88-352 in the year of 1964, (78 Stat. 241). This was the beginning of the privileges of Americans to have equal civil rights that stopped the discrimination of race, sex when it comes to hiring practices, promoting, and the rights of an employee who is fired, (Department of Justice, 2014). Throughout the years there has been several amendments that have been added to the act for example, religion, testing, age, and creed. The courts rejected the claim that African Americans were discriminated, and that in the area of intelligence, white and black were fairly treated alike. The courts also agreed that the testing can be used, but should be reasonable and measure job performance. This decision was

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based on the lack of the companies’ intent to discriminate. According to the court, the requirement of a diploma and the test requirements are useful. It was also in the courts opinion that whites scored better than blacks when it came to the companies’ alternative requirements. A year later, Duke Power changed its policy after the court’s decision, (Department of Justice, 2014). This would allow African American employees who did not have a high school diploma to transfer, if he or she scored sufficient in the various tests. This was a big break for the African American workers because they were allowed to get the education they deserved, as well as, the training that was needed to go further within the company. The Bias Related to the Assessment of the Case The court decided the case in 1971, and this was one of the most popular cases that laid the foundation for various programs today. Some people believed that the court’s decision was biased and that Duke displayed discrimination in many areas that. The workers believed that their rights were violated and that the company should liable. The plaintiffs also believed that the court sided with the company on the technicality on a few words that were not implemented in the act. It was proven that this testing was discriminatory and stopped blacks from getting promotions and higher pay, (U.S. Legal, 2104). The workers also claimed that blacks were disqualified at a higher rate than whites because they were given two different tests. Duke Power disagreed and argued that the testing was administered appropriately and was fair for everyone. The company also added that this was a policy to ensure that the workers for certain positions were competent. The courts disagreed with Duke that the testing did not serve a good purpose for job related requirements. It was also the court’s opinion that the company, at one time, did discriminate against blacks in the past. The court also showed that, because of this, it affected African Americans to shake the effects of the discrimination of the company. This case

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had a huge impact that showed us that during that time, certain groups of people were disqualified for promotions and higher pay due to their skin color, (U.S. Legal, 2014). This case has also set a precedent to other companies that have such policies in place. Ethical Implications for Diverse Populations Ethical implications can appear in three different areas of society when it comes to diverse populations. For example, in the case of Griggs V. Duke Power, the court addressed ethical implications and education concerning employment. African Americans in Gaston County were not given the proper education because of their skin color. There were major differences between the types of education black populations received, compared to the white populations. Blacks were very limited without the proper education, and were deprived of the opportunity to get a decent job and pay, (Belton, 2014). This race was deprived because they were considered low-income citizens. In North Carolina, the courts barred the literacy test that enabled the minorities from voting. According to the law, this act was inferior that education was considered as a discriminatory practice against minorities. These changes in the law did not open the doors for minorities, because they were discriminated. Congress made a decision that equal opportunities should be available for all races of people. Ethical implications of the law stated that all races are equal in the eyes of the law that governs the state of North Carolina. Congress began to tear down racial barriers that withheld employment from individuals who did not receive the proper education. For example, if an individual was capable of performing a job, and he or she possessed the skills to perform that job, that individual should be hired no matter what ethnic group he or she is from, (Belton, 2014). Congress required that a person should be examined by the content of their character and ability to work. In some cases, Hispanics were discriminated against because of their inability to

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speak proper English. According to Congress, the title did not guarantee a job to everyone regardless of their qualification or because that person is a part of a minority group. Congresses only requirement was to remove all unnecessary barriers concerning education, employment, and medical attention. Since Congress took action against racial and ethical discrimination, the United States became filled with a large resource of talent. The Role of Norming in Creating Bias The role of norming in creating a biased environment was designed by a group of people and displayed by the people of Gaston County. The use of literacy testing, along with the counties segregated school systems, refused to allow minorities to attend their public schools. Congress had to address the issue because public attention was drawn to the people of Gaston County. North Carolina, as well as other states, were discriminating against Africa Americans, Hispanics, and Asians because of their ethnic background. Congress appeared to be in favor of equal opportunity, but they ended up passing a bill stating that a literacy test must be given to everyone seeking a higher education, (Garrow, 2014). There were certain companies who devised a policy stating that all employees must meet their criteria in order to better the company and the advancement of it as well. Minorities who have not completed high school were considered to be poor performers, and thus stereotyped other employers not to hire minorities who didn’t have an education. The Court of Appeals noticed that some companies had adopted a plan that prevented minorities from excelling, without trying to show that they were being discriminated against. Minorities had managed to adapt to the system that was designed to cause failure and managed to achieve. The laws that were established in North Carolina motivated the minorities who lived there because the law appeared to be an obstacle that must be endured. In the case of Gaston

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County, the ineffectiveness of common assessment procedures with the implementation of qualifications and degrees, exposed the measures of minorities capabilities, (Garrow, 2014). Throughout history, there have been many achievements that cannot be ignored of those who did not have a good education. Testing for diplomacy was acknowledged as being useful, but common sense was mandated by Congress and propositioned that minorities are not to become masters of reality. In the case of Griggs verses Duke Power Company, we can’t help but notice that all the barriers were broken and standards were set among other minority groups. The creation of all biased communities has all but dissipated since certain laws and policies have been established to protect the rights of not only minorities, but all citizens around the world. History shows that some of the most powerful leaders have been in minority groups. Conclusion The case of Griggs V. Duke Power was a case that stands as a landmark on how companies used practices for minorities’ employment and education requirements. Griggs had a valid point about the treatment of black employees, and considered that Duke Power Company should be held accountable for their actions. The courts agreed in some areas that there was discrimination, but because of certain things that were not implemented in the act, this disqualified the company from judgment. In today’s society, there has been many changes and amendments put in place to protect people whose rights are violated.

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Belton, R. (2014). The Crusade for equality in the workplace. The Griggs V. Duke Power Story. ISBN: 978-7006-1953-5 Cohen, R, J., & Swerdlik, M, E., (2018). Psychological testing and assessment: An introduction to tests and measurement (9th ed.). New York, NY: McGraw-Hill Education. Department of Justice. (2014). Overview of Title VI of Civil Rights. Retrieved from http://www.justice.gov Find us Law. (1971). Griggs v. duke power co. decision. Retrieved from http://www.finduslaw.comgriggs_v_duke_power_co_1971_401_us_424_91_s_ct_849) Garrow, D. (2014). Toward a definitive history of griggs v. duke. Retrieved from http://www.vanderbiltlawreview.org/content/articles/2014/01/Garrow-67-Vand-LRe197.pdf). U.S. Legal. (2014). Civil rights. Retrieved from http://civilrights.uslegal.com...