who do not speak English. They come to the Veterans' Administration for service, for example. We found agencies also were training people, giving them language training so they can serve Spanish-speaking persons. We felt there were a large number of Spanish-surnamed persons qualified to fill the jobs, who already spoke the language and we felt that was a legitimate qualification to be considered in qualifying them for the jobs. That has worked very well.

Mr. KATOR. It would work for Orientals too if knowledge of an Oriental language were necessary.

Mr. BUCHANAN. Thank you.

Mr. HAWKINS. I just have 2 final questions, but before that, Mr. Andolsek, I must apologize to you. I see you have a statement. I did not call on you. May we correct our mistake at this time, if possible, if you would like to make your statement.

Mr. ANDOLSEK. There is no apology necessary.

STATEMENT BY COMMISSIONER L. J. ANDOLSEK, U.S. CIVIL SERVICE COMMISSION

Mr. ANDOLSEK. Mr. Chairman and members of the subcommittee, I fully endorse and agree with Chairman Hampton's statement regarding equal employment opportunity in the Federal Government. I have served on the Civil Service Commission for 12 years, under several administrators. During that time I have watched this program effort grow; and I have seen the policy and practice of equal employment opportunity become part and parcel of the decisions we make in the Commission on all aspects of Federal Personnel Management. When I came to the Commission, the concept of affirmative action was still new. For years we had talked in terms of nondiscrimination-of opening doors which had been closed to some of our citizens because of the color of their skin, where their parents or grandparents had come from, where they went to church or because they were women in what was often called a man's world.

Even with the doors open, there had to be a special effort to make sure that people representing every segment of our society could pass through. This is what is meant by affirmative action, and this is the direction we have taken-first under Executive order, and now with the full force of the law behind us.

While I am not involved in the day-to-day operations on this program, from my vantage point of involvement in policy decisions affecting Federal employees, I have observed the changes that have taken place in recent years. With respect to equal employment opportunity these changes have been significant and they have been positive.

Chairman Hampton in his statement touched on the statistical evidence of the more recent progress for minorities and women in Federal employment. My impression go further back than the statistics and the picture they bring to mind is one of profound change.

As our chairman indicated, we still have problems; but my experience leads me to believe that we will solve these problems, just as we have overcome other problems. We will strive, as we have in the past, to make the Federal Government a national model as an equal opportunity employer, and I, too, off the cuff, as an educator, want to concur with your observation on education, Mr. Chairman, and Bob Hampton's comments. I spent a great deal of time in the National Youth

Administration in 1936 to 1942, and we had a very positive work trainee program for the youngsters to come and earn while they learn, and many of these went on to very fine vocations in the private sector, military and also in the public service. I thoroughly concur and agree something has to be done at the educational levels to help these people. One further comment about the Spanish-American, among all of our other efforts, we have printed the Standard form 171 application in Spanish, so those people who have difficulty understanding English, but who have some of the skills needed, will have an opportunity to apply.

Mr. Chairman, this concludes my testimony.

Mr. HAWKINS. One final question. I want to clarify specifically, for the record, the question of complaints procedure. May I ask you, Mr. Hampton, does the Commission allow, in its regulations, for the full processing of class actions? When a complaint is filed by a complainant, do your regulations permit that complainant to file class action evidence and for that evidence to be treated in connection with that complaint be filed?

Mr. HAMPTON. I am trying to get it clear in my mind because we do entertain class action, but I am not sure if that is spelled out in the appeals.

Mr. HAWKINS. When, under what conditions do you require it, and why is it that any complainant cannot file evidence of such class action?

Mr. KATOR. Mr. Chairman, if you are referring to filing of evidence regarding a class, for example, statistical evidence relating to employment in a particular unit of minorities, this certainly, can be entered. It is part of our handbook for our appeals examiners that this is the kind of evidence they are supposed to consider. Mr. HAWKINS. In all cases or in any case?

Mr. KATOR. In any case.

Mr. HAWKINS. Who decides when it is relevant or irrelevant? Mr. KATOR. It would be up to the examiner but it seems to me it would be relevant in almost all cases.

Mr. HAWKINS. Would it be up to the hearing officer to decide that or can the complainant himself or herself do that in the complaint and why isn't it a procedural matter rather than discretionary with some officer? This is what I am trying to get at.

Mr. KATOR. Complainants may allege in a complaint that the statistics show a disparity between minority employment and employment of other groups. But they would show this in addition to an allegation that some discriminatory action had been taken against them. In addition, here is the statistical evidence tending to show systematic type of discrimination which applies to other persons as well. Let me add though we have a third party procedure and this permits any individual or any group to come in and allege that the Agency has systematically discriminated against particular groups of employees. This is not the classic type of class action but in many ways it comes out to be the same, has the same effect. An Agency is then required, on the basis of that kind of allegation, to make an investigation and determine the extent to which those allegations have merit. They are required to report back to the complaining party and the complaining party then has a right to appeal to the Civil Service Commission.

Mr. HAWKINS. Does the complainant have the right to enter any relevant evidence as to the patterns and practices of discrimination? Does every complainant have that right?

Mr. KATOR. Yes, sir. In fact, the complaints examiner has a handbook that indicates this is the type of evidence that is appropriate for discrimination cases.

Mr. HAWKINS. It seems inconsistent certainly with section 713.212 of your own guidelines. It seems to be very inconsistent with your answer and certainly inconsistent with complaints that this committee has received and also inconsistent with cases that have been taken before the courts and are now under appeal, alleging that you have severed class allegations from individual complaints.

Mr. KATOR. Let me make clear what I am trying to say. I don't want us to get confused. The question I thought I was answering, related to whether there would be acceptance of evidence relating to discrimination against a class in an individual complaint, and the answer is, yes.

Mr. HAWKINS. That you would accept it?

Mr. KATOR. Yes.

Mr. HAWKINS. I am going to rest upon that today, that you have assured us of that and

Mr. KATOR. I am assuming, Mr. Chairman, that such evidence would be relevant to the particular case at hand. Let me make clear, these cases are handled by the Federal Employees Appeals Authority.

Mr. HAWKINS. I am going to rest on your assurance that you allow this to be filed and entered and that you grant relief to a classMr. KATOR. I didn't say the latter.

Mr. HAWKINS. Let's explain that then as to remedies.

Mr. KATOR. As to the remedy, it would go to the individual. There might be 10 people that file the same complaint, and they all might get remedies. What I was referring to is that a pattern of discrimination can be alleged by an individual complainant and that such evidence may be entered, and would, I believe, be considered relevant by any hearing examiner. The relief would flow to the individual and not the class.

Mr. HAWKINS. You are saying you are not, as a matter of right, giving class relief then?

Mr. KATOR. That is correct.

Mr. HAWKINS. Do you know of any other Federal agency which stands in that protected position?

Mr. KATOR. I believe we are the only Federal agency that has this particular problem-that handles discrimination complaints under our regulations.

Mr. HAWKINS. I don't think that you are any different from OFCC or EEOC in that regard.

Mr. KATOR. Well, Mr. Chairman, I indicated earlier that if we had a case where a group of persons, as a class, alleged that an examining device, or a system or procedure was discriminatory as to them, we have a procedure for them to follow as a class, if you will, and that would be a class action, at least in my judgment, and relief would be given to all affected persons. What I am referring to is part 300 of our regulations and not part 713. Part 713 has to do solely with individual cases of discrimination.

We will be glad to submit part 300.

Mr. HAWKINS. Would you submit that for the record. [Information referred to follows:]

PART 300-EMPLOYMENT (GENERAL)

Sec. 300.101

Purpose

SUBPART A. EMPLOYMENT PRACTICES

300.102 Policy

300.103 Basic requirements

300.104 Appeals, grievances, and complaints

SUBPART B. (RESERVED)

SUBPART C. COMMISSION APPROVAL IN FILLING POSITIONS IN GS-16 AND ABOVE

300.301 Commission approval in filling positions in GS-16 and above

AUTHORITY: The provisions of this part 300 issued under 5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR, 1954-1958 Comp., p. 218; unless otherwise noted. Sections 300.101-300.104 also issued under 5 U.S.C. secs. 7151, 7154, E.O. 11478; 3 CFR, 1966-70 Comp. p. 803. Sections 300.601 to 300.605 interpret and apply 5 U.S.C. 3101 note.

SUBPART A. EMPLOYMENT PRACTICES

Sec. 300.101 Purpose. The purpose of this subpart is to establish principles to govern, as nearly as is administratively feasible and practical, the employment practices of the Federal Government generally, and of individual agencies, that affect the recruitment, measurement, ranking, and selection of individuals for initial appointment and competitive promotion in the competitive service or in positions in the Government of the District of Columbia required to be filled in the same manner that positions in the competitive service are filled. For the purpose of this subpart, the term “employment practices” includes the development and use of examinations, qualification standards, tests, and other measurement instruments.

Sec. 300.102 Policy. This subpart is directed to implementation of the policy that competitive employment practices:

(a) Be practical in character and as far as possible relate to matters that fairly test the relative capacity and fitness of candidates for the jobs to be filled; (b) Result in selection from among the best qualified candidates;

(c) Be developed and used without discrimination because of race, color, religion, sex, age,← national origin, partisan political affiliation, or other nonmerit grounds; and

(d) Insure to the candidate opportunity for appeal or administrative review, as appropriate.

Sec. 300.103 Basic requirements. (a) Job analysis. Each employment practice of the Federal Government generally, and of individual agencies, shall be based on a job analysis to identify :

(1) The basic duties and responsibilities;

(2) The knowledges, skills, and abilities required to perform the duties and responsibilities; and

(3) The factors that are important in evaluating candidates. The job analysis may cover a single position or group of positions, or an occupation or group of occupations, having common characteristics.

(b) Relevance. (1) There shall be a rational relationship between performance in the position to be filled (or in the target position in the case of an entry position) and the employment practice used. The demonstration of rational relationship shall include a showing that the employment practice was professionally developed. A minimum educational requirement may not be established except as authorized under section 3308 of title 5, United States Code.

(2) In the case of an entry position the required relevance may be based upon the target position when—

(i) The entry position is a training position or the first of a progressive series of established training and development positions leading to a target position at a higher level; and

(ii) New employees, within a reasonable period of time and in the great majority of cases, can expect to progress to a target position at a higher level. (c) Equal employment opportunity. An employment practice. shall not discrimate on the basis of race, color, religion, sex, age,← national origin, partisan political affiliation, or other nonmerit factor. This requirement is generally met when an employment practice is relevant to performance in the position to be filled (or in the target position in the case of an entry position).

Sec. 300.104 Appeals, grievance and complaints. (a) Employment practices. (1) A candidate who believes that an employment practice which was applied to him and which is administered or required by the Commission violates a basic requirement in section 300.103 is entitled to appeal to the Commission.

(2) An appeal shall be in writing, shall set forth the basis for the candidate's belief that a violation occurred, and shall be filed with the Appeals Review Board, U.S. Civil Service Commission, Washington, D.C. 20415, no later than 15 days from the date the employment practice was applied to the candidate or the date he became aware of the results of the application of the employment practice. The board may extend the time limit in this subparagraph for good cause shown by the candidate.

(3) An appeal shall be processed in accordance with subpart D of part 772 of this chapter.

(b) Examination ratings. A candidate may file an appeal with the Commission from his examination rating or the rejection of his application. The appeal shal be filed and processed in accordance with instructions in chapter 337 of the FEDERAL PERSONNEL MANUAL.

(c) Complaints and grievances to an agency. (1) A candidate may file a complaint with an agency when he believes that an employment practice which was applied to him and which is administered or required by the agency discriminates against him on the basis of race, color, religion, sex, or national origin; →or age, provided that at the time of the alleged discriminatory action the candidate was at least 40 years of age but less than 65 years of age.← The complaint shall be filed and processed in accordance with →subparts B and E← of part 713 of this chapter,

(2) Except as provided in subparagraph (1) of this paragraph, an employee may file a grievance with an agency when he believes that an employment practice which was applied to him and which is administered or required by the agency violates a basic requirement in section 300.103. The grievance shall be filed and processed under the agency grievance system, or a negotiated grievance system, established in accordance with subpart C of part 771 of this chapter.

SUBPART B. (RESERVED)

SUBPART C. COMMISSION APPROVAL IN FILLING POSITIONS IN GS-16 AND ABOVE

Sec. 300.301 Commisson approval in filling positions in GS-16 and above. An agency, unless excepted from this requirement by law, may fill a competitive or expected position classified in GS-16, GS-17, or GS-18 only by a person whose qualifications for the position have been approved by the Commission. (5 U.S.C. 3324)