in constitutional equal protection clause cases, while Title VII's prohibition on disparate impact is a statutory mandate.) As such, Title VII of the Civil Rights Act prohibits employment tests (when used as a decisive factor in employment decisions) that are not a "reasonable measure of job performance," regardless of the absence of actual intent to discriminate. Since the aptitude tests involved, and the high school diploma requirement, were broad-based and not directly related to the jobs performed, Duke Power's employee transfer procedure was found by the Court to be in violation of the Act. Chief Justice Burger wrote the majority opinion. Significance Griggs v. Duke Power Co. also held that the employer had the burden of producing and proving the business necessity of a test. However, in Wards Cove Packing Co. v. Atonio (1989), the Court reduced the employer's (Wards Cove Packing Company) burden to producing only evidence of business justification. In 1991, the Civil Rights Act was amended to overturn that portion of the Wards Cove decision—although legislators included language designed to exempt the Wards Cove company itself. David Frum asserts that before Griggs, employers did not have to separate intentional wrongs from unintentional wrongs if they treated all applicants equally by appearances. Although private employers with 15 or more employees are subject to Title VII of the Civil Rights Act, it was held in Washington v. Davis (1976) that the disparate impact doctrine does not apply to the equal protection requirement of the Fifth and Fourteenth Amendments. Thus, lawsuits against public employers may be barred by sovereign immunity. See also US labor law Intelligence and public policy List of United States Supreme Court cases, volume 401 Ricci v. DeStefano United Steelworkers v. Weber Piscataway v. Taxman Notes References E McGaughey, A Casebook on Labour Law (Hart 2019) ch 13, 595 External links United States labor case law United States Supreme Court cases United States Supreme Court cases of the Burger Court United States employment discrimination case law United States statutory interpretation case law 1971 in United States case law Duke Energy United States racial discrimination case law United States affirmative action case law