What evidence is available to support plaintiff's claim that the proficiency test requirement bears a discriminatory impact on employment?
MultiRegion, United States of America
The following excerpt is from Kim v. Commandant, Defense Language Institute, Foreign Language Center, 772 F.2d 521 (9th Cir. 1985):
The additional evidence that plaintiff sought to introduce (see appellant's brief at 32-33) concerns only the issue of whether the proficiency test requirement bears a "manifest relationship to the employment in question." Griggs v. Duke Power Co., 401 U.S. 424, 432, 91 S.Ct. 849, 854, 28 L.Ed.2d 158 (1971). None of the proffered material directly supports the claim that the tests have a discriminatory impact.
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