The plaintiff first must prove disparate impact under Title VII, and then a prima facie case of adverse impact must be established. In Griggs v. Duke Power Co, the Supreme Court established the standard elements needed for an adverse impact claim.
1. A neutral employment requirement or practice has the effect of disproportionately limiting employment opportunities to a protected class.
In Griggs, the neutral requirements were a high school diploma and achieving a certain score on an aptitude test. These neutral requirements were found to be discriminatory because they did disproportionately