Publication Date

January 1985


This Article examines the adverse impact theory of employment discrimination under Title VII. The author begins by discussing the development of adverse impact in the case law, and by scrutinizing its theoretical underpinnings. He demonstrates that Congress did not intend to mandate adoption of adverse impact theory when it established Title VII. The author then argues that the Courts have exceeded their authority under Title VII by embracing the theory of adverse impact. He concludes that the courts should therefore return to a narrower theory of employment discrimination, namely, a theory based on the legal concept of “intent.”


Suggested Citation
Gold, M. (1985). Griggs' folly: An essay on the theory, problems, and origin of the adverse impact definition of employment discrimination and a recommendation for reform [Electronic version]. Industrial Relations Law Journal 7(4), 429-598.

Required Publisher Statement
Reprinted with permission from Berkeley Journal of Employment and Labor Law; 7:4, Pages 429-598.