United States v. City of Montgomery, Ala.

MEMORANDUM OPINION

MYRON H. THOMPSON, Chief Judge.

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.A. §§ 2000e through 2000e-17, proscribes certain employment practices that have a “disparate impact” on employees — that is, that have a discriminatory effect but for which there is no evidence of the employer’s subjective intent to discriminate. Griggs v. Duke Power Co., 401 U.S. 424, 431, 91 S.Ct. 849, 853, 28 L.Ed.2d 158 (1971). In these two cases challenging sex and race discrimination in the Police Department of the City of Montgomery, Alabama, the issue before the court is…