![]() Davis test for disparate impact is used in constitutional equal protection clause cases while Title VII's prohibition on disparate impact is a statutory mandate.) As such, Title VII of the Civil Rights Act prohibits employment tests (when used as a decisive factor in employment decisions) that are not a "reasonable measure of job performance," regardless of the absence of actual intent to discriminate. Because Title VII is passed pursuant to Congress's power under the Commerce Clause of the Constitution, the disparate impact test later articulated by the Supreme Court in Washington v. The Supreme Court ruled that under Title VII of the Civil Rights Act, if such tests disparately impact ethnic minority groups, businesses must demonstrate that such tests are "reasonably related" to the job for which the test is required. In 1955 the company added the requirement of a high school diploma for its higher paid jobs. ![]() In the 1950s Duke Power's Dan River plant had a policy that blacks were allowed to work only in its Labor department, which constituted the lowest-paying positions in the company. Duke Power also supplied electric power to federal government agencies and, for that reason, was subject to an Executive Order that prohibited discrimination in employment. ![]() Duke Power Company was a public utility corporation that was involved in the generation, transmission, distribution, and sale of electric power to the general public in North Carolina and South Carolina.
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