The 1988 Supreme Court case of Watson v.Fort Worth Bank & Trust established that:

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The 1988 Supreme Court case of Watson v. Fort Worth Bank & Trust was significant for establishing that the "disparate impact" theory, traditionally applied to objective employment practices, could also be applied to subjective employment practices, such as performance evaluations and promotion processes. This meant that employers could be held liable if their subjective decision-making processes had an unjustified adverse impact on minority groups.

The 1988 Supreme Court Case of Watson V