 | United States. Supreme Court - 1984 - 1138 halaman
...practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude...performance, the practice is prohibited." Id., at 431. •The section simply provides that "[notwithstanding any other provision of this subchapter,"... | |
 | 1974 - 226 halaman
...practices that are fair in form but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude...related to job performance, the practice is prohibited. [P] radices, procedures, or tests neutral on their face, and even neutral in terms of intent, cannot... | |
 | United States. Equal Employment Opportunity Commission - 1972 - 578 halaman
...that they really measured job capability. "The touchstone is business necessity," the opinion said. "If an employment practice which operates to exclude...related to job performance, the practice is prohibited." The Court ruled that the Duke Power Company had failed to demonstrate the business need for the test... | |
 | United States. Congress. House. Committee on the Judiciary. Subcommittee No. 4 - 1972 - 554 halaman
...overt discrimination but also practices that are fair in form, but discriminatory in operation. ... If an employment practice which operates to exclude...related to job performance, the practice is prohibited." In the case of an employment practice of inquiring into an applicant's arrest record, the court in... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1972 - 1232 halaman
...practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude...related to job performance, the practice is prohibited. . . . Congress has placed on the employer the burden of showing that any given requirement must have... | |
 | United States. Congress. House. Government Operations Committee - 1972 - 238 halaman
...overt discrimination but also practices that are fair in form, but discriminatory in operation. * * * If an employment practice which operates to exclude...related to job performance, the practice is prohibited." In the case of an employment practice of inquiring into an applicant's arrest record, the court in... | |
 | United States. Congress. Senate. Committee on Labor and Public Welfare - 1972 - 2102 halaman
...discriminatory in operation. The touchstone is business necessity. If an employment practice which excludes Negroes cannot be shown to be related to job performance, the practice is prohibited. The provisions of the bill are fully in accord with the decision of the Court and with the testing... | |
 | United States. Congress. Senate. Judiciary - 1973 - 208 halaman
...practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude...related to job performance, the practice is prohibited. . . . Congress has placed on the employer the burden of showing that any given requirement must have... | |
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The Act proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude Negroes cannot be shown to be related... 
