Suit Filed Charging Civil Service Test Discriminatory

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Text on back: "Gary Graham, 29, who faces lethal injection before dawn Thursday talks with reporters at Huntsville Prison. The Texas Board of Pardons and Paroles on Tuesday was considering a request from supporters of Graham that the panel(?) halts Graham's scheduled execution this week."

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- 1076603d-b954-ef11-a317-0022481d08e0

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Press Releases, Volume 7. Suit Filed Charging Civil Service Test Discriminatory, 1979. 5559c69a-bb92-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/939e30f2-427f-458d-8698-e17edf3a129f/suit-filed-charging-civil-service-test-discriminatory. Accessed April 08, 2025.

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NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC

egal efense lund 10 Columbus Circle, New York, N.Y. 10019 « (212) 586-8397

SUIT FILED CHARGING CIVIL SERVICE TEST DISCRIMINATORY

For immediate release For further information:

Monday, January 29, 1979 N.Y. - Steve Ralston

212-586-8397

San Fran. - Fernando Garcia

415-863-8232

Washington, D.C. — LDF

202-638-3278

Washington, D.C. - January 29 -- A legal challenge

that goes to the heart of racial discrimination in

the federal civil service system was filed today in

the United States District Court in the District of

Columbia. If successful, the suit (Luevano v.- Campbell

would eliminate the present Professional and Administrative

Career Examination (PACE) which, in most cases, is

the single determining factor in considering applicants

for hundreds of thousands of professional, administrative

and technical jobs in a large number of federal agencies.

The suit, jointly filed by the NAACP Legal Defense

Fund (LDF), the Lawyers' Committee for Civil Rights

Under Law and I.M.A.G.E. De California (IMAGE), an

association of Hispanic-American federal and state

employees, charges that the adverse impact of the PACE

—-more-

Contributions are deductible for U.S. income tax purposes

‘The NAACP LEGAL DEFENSE & EDUCATIONAL FUND is not part of the National Association for the Advancement of Colored People although it

was founded by it and shares its commitment to equal rights. LDF has had for over 20 years a separate Board, program, staff, office and budget.

Civil Service Test - 2

on blacks, Hispanics and other racial minorities is

so severe that it threatens to segregate the middle and

upper levels of the executive branch of the Federal

government. The suit further charges that the test

is not in compliance with the guidelines established

by the Equal Employment Opportunity Commission (EEOC),

the Federal Executive Agency Guidelines on Employee

Selection Procedures, or certain provisions of Title VII

of the Civil Rights Act of 1964.

Angel Luevano, Melody Van and Vicky Chapman are

represented in the case as individuals and as members

of a class which includes past, present and future

black and Hispanic applicants for civil service positions

which are awarded on the basis of the PACE scores.

IMAGE is also a plaintiff in the suit, representing

the interests of its members and other Hispanic persons

who are discriminated against by the use of the PACE.

The defendant is Alan Campbell, Director of the U.S.

Office of Personnel Management, formerly the Civil

Service Commission.

The PACE is a written test that is supposed to

test cognitive ability. It has been developed and

is used by the federal civil service to select persons

for entry-level positions in nonclerical, administrative

and technical jobs. Those chosen by the PACE are often

-more-

Civil Service Test - 3

placed in "career ladder" positions and subsequently

promoted to higher, non-supervisory levels without

competition. Thus, failure on the PACE substantially

reduces opportunities for these jobs as well.

Competition for the jobs filled from the PACE

compete each year for one of the 8,000 jobs that become

available. Most applicants must score at least 90%

to be considered for a job even though the passing

score is 70%. Generally, final employment decisions

are based strictly on the PACE score with no consideration

given other abilities which may be relevant to the

job.

The adverse impact of the PACE on racial minorities

is clear. For example, in the 1977 PACE in the San

Francisco region, 25.2% of the white applicants scored

90% or above, while only 1.1% of the black, and no Hispanic,

applicants did. Despite these indications, the PACE

has not been properly validated as required by federal

employment testing guidelines. The suit contends that

continued use of the test, without validation, is a

violation of the plaintiffs' rights to equal employment

opportunity.

-more-

Civil Service Test - 4

The plaintiffs are seeking a court declaration

that their rights have been violated, an injunction

against the continued use of the PACE and back pay

for the losses they have suffered due to the racially

discriminatory examination.

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