Griggs v. Duke Power Co., 401 U.S. 424 (1971), was a court case argued before the Supreme Court of the United States on December 14, 1970. It concerned employment discrimination and the disparate impact theory, and was decided on March 8, 1971. It is generally considered the first case of its type. The Supreme Court ruled that the company's employment requirements did not pertain to applicants' ability to perform the job, and so were unintentionally discriminating against black employees. The judgment famously held that "Congress has now provided that tests or criteria for employment or promotion may not provide equality of opportunity merely in the sense of the fabled offer of milk to the stork and the fox." Facts In the 1950s Duke Power's Dan River Steam Station in North Carolina had a policy restricting black employees to its "Labor" department, where the highest-paying position paid less than the lowest-paying position in the four other departments. In 1955 the company added the requirement of a high school diploma for employment in any department other than Labor, and offered to pay two-thirds of the high-school training tuition for employees without a diploma. On July 2, 1965, the day the Civil Rights Act of 1964 took effect, Duke Power added two employment tests, which would allow employees without high-school diplomas to transfer to higher-paying departments. The Bennett Mechanical Comprehension Test was a test of mechanical aptitude, and the Wonderlic Cognitive Ability Test was an IQ test measuring general intelligence. Blacks were almost ten times less likely than whites to meet these new employment and transfer requirements. According to the 1960 Census, while 34% of white males in North Carolina had high-school diplomas, only 18% of blacks did. The disparities of aptitude tests were far greater; with the cutoffs set at the median for high-school graduates, 58% of whites passed, compared to 6% of blacks. Judgment The Supreme Court ruled that under Title VII of the Civil Rights Act of 1964, if such tests disparately impact ethnic minority groups, businesses must demonstrate that such tests are "reasonably related" to the job for which the test is required. Because Title VII was passed pursuant to Congress's power under the Commerce Clause of the Constitution, the disparate impact test later articulated by the Supreme Court in Washington v. Davis, 426 US 229 (1976) is inapplicable. (The Washington v. Davis test for disparate impact is used