487 U.S. 977 (1988)
The case of Watson v. Fort Worth Bank & Trust represents a significant moment in employment law, particularly in the context of Title VII of the Civil Rights Act of 1964.
Can subjective employment practices be challenged under a disparate impact theory in a Title VII discrimination claim?
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. Disparate impact theory allows plaintiffs to challenge employment practices that, while neutral on their face, disproportionately affect certain groups and cannot be justified by business necessity.
The Supreme Court held that subjective or discretionary employment practices can indeed be subject to disparate impact analysis under Title VII.
Watson v. Fort Worth Bank & Trust is significant because it extended the reach of Title VII to cover not just overtly discriminatory practices but also the more insidious effects of subjective decision-making in employment. This case expanded the disparate impact theory, enabling courts to scrutinize subjective employment practices that might mask discriminatory intent or effects. For law students, Watson underscores the importance of examining both the explicit and implicit forms of discrimination when evaluating employment practices. It highlights the evolving legal standards intended to ensure equality in the workplace, providing a broader framework for understanding disparate impact claims.