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Ethics in Assessment Paper
Christina Drakeford
PSYCH/655 – Psychometrics
Dr. Amy Logsdon

Ethics in Assessment Paper
In 1970, Griggs v. Duke Power Company in North Carolina appeared before the U.S. Supreme Court for a ruling on the company’s civil rights violation. This case established binding legal precedent for a lawsuit which founded ‘disparate-impact’. The Supreme Court defined disparate-impact as ‘a situation in which adverse effects of criteria such as those applied to candidates for employment/portion—occur primarily among people belonging to certain grouch, as racial minorities’ (Britannica, 2010). A decision was found unanimously, that Title VII of the 1964 Civil Rights Act mandates employers to hire and promote people based on their ability to perform their assigned position; not their credentials (Civil Rights Act….., n.d.). In this case, Willie Griggs, an African American at the Duke Power Company, and several other employees challenged his employer as violating the Title VII Civil Rights Act.
This paper will discuss the background of the Griggs v. Duke Power Company and provide an analysis of the biases that are related to the assessments in the case. In addition the ethical implication for diverse populations in relationship to the case and role of norming in creating bias will be reviewed.
Background and Legal Decision Implications
During the 60’s, racial discrimination was being fought by many civil rights leaders such as Malcolm X and Martin Luther King. President John F. Kennedy believed in equality and supported the Civil Rights Act. After the president’s assassination in 1960, the Act was finalized by Lyndon B. Johnson, Vice President of the United States and passed by Congress in ’64. The Civil Rights Act fueled the equal rights movement to halt the racial discrimination and prejudice used in employment practices. This also encompassed, promotions, employees’ termination rights, and for movement within a business or organization. To address its continuance, amendments were made to update current societal issues relating to age discrimination, religion affiliation, gender, whistleblowing, harassment, retaliation and methods of testing (Find Us Law, 1971).
Initially, the district court found Duke did not violate anyone’s civil rights. Later, the Supreme Court was presented the case on December 14, 1970. The case claimed that African Americans were subjected to testing requirements that failed to measure ability and capability to perform specific job obligations in the workplace. Rather, the tests were disguised to continue with discrimination at the Duke Power Company (Department of Justice, 2014). In addition, Duke’s practice perpetuated the unemployment of increasing numbers of African American merging into the workplace with a substandard education afforded to them in the segregated North Carolinas. The issue with the Supreme Court was, ‘when employment requirements have disparate impact on minorities, but no discriminatory intent, can those requirements violate Title VII of the Civil Rights Act of 1964 (Griggs v. Duke.., n.d., p. 1, para. 4)? The Supreme Court found the Duke Power Company was in violation of employment practices. Unanimously, the Supreme Court determined that tests provided by Duke Power, ‘were artificial and unnecessary and that the requirements for transfer had a disparate impact on blacks Griggs v. Duke…, n.d., p. 1 para.. 4). Furthermore, the court ruled that even, if the motive for the requirements had nothing to do with racial discrimination, they were nonetheless discriminatory and therefore illegal. According to the Department of Justice (2014), the courts found that testing for employment could be utilized but must be in relation to specific job performance.
Analysis of Bias Related to Assessments of the Case
When analyzing the biases related to the assessments in the case, there were several apparent issues. Some of the issues were: the requirement for a high school education, passing a standardized IQ test for employment to obtain internal position transfers. Also, it was noted that there were no standards showing a significant change in positive job performance. In addition, Duke reflected that by utilizing standards; test and high school diploma, its intent was to disqualify African Americans in lieu of Caucasians who also applied for employment. Equally important was the issue that warranted positions were filled by Caucasian employees as a traditional practice of received preferential treatment and limiting African Americans to the labor department (Civil Rights Act, Sec. 703).
Both parties had taken strong positions with the district courts on the Title VII Civil Rights Acts issue. The plaintiff claimed the Duke Power Company violation revealed unethical practices they incorporated as requirements for employment. As a condition of employment at Duke, the Power Company’s practice required employees to have a high school education or to pass an intelligence test. The criteria consisted of taking two separate high school education-based aptitude tests and obtaining a certain score. Practicing this method, impacted the African American community disparately when they applied for employment.
The district court had given little deliberation to the African Americans employed at Duke. As they had earlier ruled in Duke’s favor when they had removed discrimination practices.
Unfortunately, this was common practice amongst companies during this time to maneuver around the 1964 Title VII Civil Rights Act. The Act later identified blatant racial discrimination against African Americans in Griggs v. Duke Power Company (Civil Rights Act, 1971). This case influenced the outcome of racial discrimination in companies’ workforce. Through Title VII, racial discrimination was prohibited by, policies, or tests, neutral on the face and even in terms of intent that….operate as build in headwinds for minority groups and unrelated to job performance (Rosenthal, 2013, 2122). Disparate impact changed the methods of employment for minorities in the workplace. It removed challenges and barriers of prejudice in the employment arena based on race or ethnicity.
Ethical Implications for Diverse Populations
There are several ethical implications that are reflected in a diverse population that bared a sense of overt discrimination. Griggs v. Duke Power Company drew attention to the court proceedings that addressed this transparency covering biased education and testing, discriminatory treatment in the workforce and the impact of equality-like policies. In this case, the requirement for a high school diploma and the aptitude testing did not provide advancement at Duke. Instead, it resulted in preventing African American employees from advancing from the labor force to other ‘white’ employed areas in the business. In addition, the Court of Appeals’ stated on record that ‘whites register far better on the Company’s alternative requirements’ than Negroes” (Griggs v. Duke Power Co., 401 U.S. 424 (1971). This statement connected directed to ethical implications dealing with race and intelligence. General intelligence demonstrates the basic premise that it has the capability to articulate itself impartially when taking tests. Since the employees were African American in a racial-based State, they were perceived as inferior in intelligence when bused to their decisively segregated schools. Title VII Civil Rights Act (Civil Rights Act, n.d.), prohibits blatant discrimination and pretentious fairness in employment practices. This was found in the court rulings to eradicate barriers and challenges of employment simply due to race. The Supreme Court viewed disparate impact as an effective method to change employment opportunities (Department of Justice, 2014). This also encompasses discrimination in the workplace due to language and cultural differences.
Role of Norming in Creating Bias
According to Cohen & Swerdlik (2018, p. 126), race norming is, a controversial practice of norming on the basis of race or ethnic background’. It was employed by private businesses and governmental activities which resulted in creating biased methods to obtain varying cutoff scores to hire cultural groups. In this instance, participants in one group have to get one set of scores to be hired, while another cultural group received another score. Implementing race norming tests in segregated communities, justified and maintain the separation according to their established norms. This practice was prohibited in 1991 by the Civil Rights Act.
The barriers in Griggs v. Duke Power Company were complicated as they covered discrimination in the workplace, perpetuated a racial stereo-type and challenged a race’s intellect. To combat race norming, the Ethical Principles of Psychologists and Code of Conduct (n.d.), Section 9: Assessment, presents guidelines for 9.05: Assessments in Test Construction, and 9.09: Test Scoring and Interpretation Services. These sections ensure appropriate psychometric procedures and standards are followed and maintained. Griggs’ decision to pursue a lawsuit against Duke Power Company began a revolution to establish and protect the rights of all minorities; no exceptions.
Conclusion
Willie Griggs was an African American hard-working man. A man with high integrity and deep-rooted values who truly understood civil rights in time of segregated. His strength led himself and fellow co-workers into a world of legal jargon and deeply into the definition of the word ‘discrimination’. Griggs v. Duke Power Company held a business accountable for unethical employment practices towards the treatment of African Americans.
After lower court appeals and multiple decisions, the U.S. Supreme Court found that Duke Power Company violated the Title VII Civil Rights Act. It was finally ruled that the African Americans’ experienced a disparate impact from their employer regarding testing and position movement. When tried, Griggs v. Duke Power Company set precedence for a lawsuit which founded ‘disparate-impact’ against the African Americans. In addition, the court determined that ‘testing or measuring procedures was acceptable; however, ‘it does proscribe giving controlling force unless they are demonstrably a reasonable measure of job performance’ (Griggs v. Duke Power Co., 401 U.S. 525 (1971).

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References
American Psychological Association. Ethical Principles of Psychologists and Code of Conduct. (n.d.). Retrieved from https://www.apa.org/ethics/code/index.aspx
Civil Rights Act of 1964 – CRA – Title VII – Equal Employment Opportunities – 42 US Code Chapter 21. (n.d.). Retrieved from https://finduslaw.com/civil-rights-act-1964-cra-title-vii-equal-employment-opportunities-42-us-code-chapter-21
Department of Justice. (2014). Overview of Title VI of Civil Rights. Retrieved from http://www.justice.gov
Encyclopedia Britannica Inc. (2018). Griggs v. Duke Power Co. The Editors of Encyclopedia Britannica. Retrieved from https://www.britannica.com/event/Griggs-v-Duke-Power-Co
Griggs v. Duke Power Co. (n.d.). Retrieved from https://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-brest/race-and-the-equal-protection-clause/griggs-v-duke-power-co/
Griggs v. Duke Power Co., 401 U.S. 424 (1971). (n.d.). Retrieved from https://supreme.justia.com/cases/federal/us/401/424/

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