WebWe do not suggest that either the District Court or the Court of Appeals erred in examining the employer's intent; but good intent or absence of discriminatory intent does not redeem employment procedures or testing mechanisms that operate as 'built-in headwinds' for minority groups and are unrelated to measuring job capability. WebThe 1991 Civil Rights Act codified the “disparate impact” framework first applied in Griggs . LDF’s victory therefore continues to ensure that employees may challenge not only overt discrimination but also job-selection procedures “that operate as ‘built-in headwinds’ for minority groups and are unrelated to measuring job capability.”

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