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Review of Court Decisions Affecting Affirmative Action in Criminal Justice Employment

NCJ Number
98264
Author(s)
C Dunning
Date Published
1982
Length
76 pages
Annotation
This review examines court cases and Equal Employment Opportunity Commission decisions affecting affirmative action in law enforcement employment.
Abstract
The 1971 decision in Griggs versus Duke Power Co. and the 1972 amendments to the Civil Rights Act increased the extent of affirmative action litigation. Such suits reached a peak in 1977. While trying to balance the degree of adverse or disparate impact with business necessity, the courts have moved to place the burden of proof increasingly upon the public agency. A disproportionate number of cases and affirmative action efforts focused upon the law enforcement profession relative to other private and public employments. While significantly represented, cases involving firefighters and correctional officers have been less numerous. Cases have generally involved discrimination in recruitment, selection, and promotion practices and policies, particularly with regard to race and sex. Specific areas of challenge have included height and weight standards, education, testing (including psychological testing), and physical ability. Overall, cases involving the police parallel all facets of employment discrimination challenges and have set directions for litigation and the eradication of discrimination in employment. The most prevalent result of these suits has been the issuance of a court order directing defendants to revise examination and employment practices, and in some cases, meet quota designations. Tabular data and a listing of case references are provided.