This exercise is designed to introduce the student to the "bottom line" defense rejected by the Supreme Court in Connecticut v. Teal. You should have an understanding of Teal before you start this lesson.
Here, this exercise explores the circumstances of disparate impact claims and affirmative action programs under which the "bottom line" defense usually arises and the arguments involved. The use of "bottom line" evidence, sometimes used in disparate treatment litigation, is also explained and distinguished. Some understanding of basic discrimination theory (disparate treatment and disparate impact) is helpful in understanding the lesson.
On completion of the lesson, the student will be able to:
1. Define the "bottom line" defense, in the context of employment discrimination theory under Title VII.
2. State the holding in Griggs v. Duke Power.
3. State the holding in Connecticut v. Teal.
4. Analyze when disparate IMPACT analysis or disparate TREATMENT analysis is appropriate.