Case Citator › Griggs v. Duke Power Co.

Griggs v. Duke Power Co.

Is it still good law? What later courts have actually done to this case.

Criticized by some courts
Court
Supreme Court of the United States
Citation
401 U.S. 424
Decided
Confirmed treatments
1
Flagged citations read
52 of 52
Citing cases (total)
52
Treatment dates
1994
Criticized by some courts
At least one reviewed court has criticized this case’s reasoning. No reviewed court has overruled it. Griggs v. Duke Power Co. remains controlling on Title VII disparate impact, although one court criticized its wording on the employer's burden. All 52 flagged citations have been read.
More on how this was screened

The confirmed criticism is listed below. Wards Cove Packing Co. v. Atonio changed the allocation of that burden in 1989, but the Civil Rights Act of 1991 restored the earlier framework.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

52 later cases cite Griggs v. Duke Power Co.; 52 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Griggs v. Duke Power Co.?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Criticized

  • The district court called Griggs's formulation of the employer's response to a disparate impact claim confusing.

    Graffam v. Scott Paper Co. · District of Maine · filed

    Starting with Griggs, the seminal disparate impact case, the Supreme Court confusingly formulated the required elements of a defendant’s response to plaintiffs prima facie case.
    Read the full opinion on CourtListener →

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