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THE FEDERAL EMPLOYMENT PROBLEMS OF THE

SPANISH SPEAKING

THURSDAY, MARCH 9, 1972

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE No. 4 OF THE
COMMITTEE ON THE JUDICIARY,
Washington, D.C.

The subcommittee met at 10 a.m., pursuant to recess, in room 2237, Rayburn House Office Building, Hon. Don Edwards (chairman of the subcommittee) presiding.

Present: Representatives Edwards of California, Waldie, Wiggins, Keating, and McClory.

Staff present: Jerome M. Zeifman, counsel; George A. Dalley, assistant counsel; and Alfred S. Joseph III, assistant counsel.

Mr. EDWARDS. The committee will come to order.

It is my pleasure to yield to the ranking Republican, the gentleman from California, Mr. Wiggins.

Mr. WIGGINS. Thank you, Mr. Chairman. I asked you to yield so I could have the privilege of introducing to you, Mr. Chairman, and members of the subcommittee, our principal witness this morning, Mr. Ramirez.

Mr. Ramirez and I are personal friends, but more than that he is a constituent of mine, or he was when he was full time in California. He comes to Washington after having been a distinguished educator, primarily in the city of Whittier which is a distinguished and well known city. He came to Washington working initially in the Office of Education, HEW, dealing with the problems of Spanish-speaking Americans and to that job he brought this rich background from California. I was delighted when the President appointed Mr. Ramirez to this present position and I know he is doing an excellent job in that position.

I personally am very gratified you are here this morning, Mr. Ramirez, and I am looking forward to your testimony.

Mr. EDWARDS. Thank you very much and I certainly say "Amen" to what Mr. Wiggins said, Dr. Ramirez.

The Cabinet Committee on Opportunities for the Spanish-Speaking was created on December 30, 1969. The primary functions of the committee are to advise Federal departments and agencies regarding appropriate action to be taken to assure that Federal programs are providing the assistance needed by Spanish-speaking and Spanishsurnamed Americans; and to advise Federal departments and agencies on the development and implementation of coordinated policies and

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programs which focus on the special problems and needs of the Spanish-speaking.

The Cabinet Committee conducts studies and provides data on Spanish-speaking Americans to both private and public groups. This data is presented in the form of statistics; guides to Spanish-speaking organizations, to the availability of manpower; and reports on progress being made in programs designed to assist the Spanish-speaking. Dr. Henry M. Ramirez is a fellow Californian. He was born in Walnut, Calif., on May 4, 1929, and had a distinguished career, as pointed out by my colleague, Mr. Wiggins, as an educator in his native State until he came to Washington in 1968 to serve as Chief of the MexicanAmerican Studies Division of the Civil Rights Commission.

Under his direction the Civil Rights Commission prepared an historic and comprehensive study on the educational problems of Mexican American youth in the Southwest.

Dr. Ramirez is the founder of the Mexican-American Civic Association of Pomona, Calif., a member of the California Teachers Association, the California Compensatory Administrators Association, and the Association of Mexican-American Administrators. He is a longterm civil rights activist, social worker among migrants, and respected community leader.

Dr. Ramirez, we welcome you and look forward to your testimony on the Federal employment problems of Spanish-surnamed Ameri

cans.

Before you commence, however, I would like to insert, without objection, the statement of Congressman Herman Badillo who was to be our first witness today but was unable to come.

So without objection, preceding the testimony of Dr. Ramirez I will insert it in the record.

(The statement referred to follows:)

STATEMENT OF HON. HERMAN BADILLO OF NEW YORK

THE FEDERAL EMPLOYMENT PROBLEMS OF THE SPANISH SPEAKING

Mr. Chairman, I first want to commend this Subcommittee for conducting these important oversight hearings into the problems which this nation's Spanish-speaking citizens are encountering in entering and advancing in the Federal Service. I appreciate your affording me the opportunity to testify on this critical and deplorable situation.

The United States Government is our country's largest employer with approximately two and a half million men and women serving in civilian capacities. As such, it has a particular moral as well as legal responsibility to afford equal employment opportunities to all citizens. The Civil Rights Act of 1964; Executive Orders No. 10590, 11246, 11375 and 11478; and other affirmative action devices all aim at prohibiting employment discrimination and full employment opportunities in both the public and private sectors. Unfortunately, these Congressional and Executive mandates have proven to be meaningless as employment and promotional discrimination continues to exist within the Federal Government. Data clearly demonstrate that a vicious de facto occupational caste system is being perpetuated in Federal departments and agencies and that the Spanish-speaking are the primary victims.

Weekly I receive letters from qualified Puerto Ricans, Chicanos, Cubans and other Spanish-speaking persons-not only in New York but throughout the country-who are experiencing incredible problems in even being given initial consideration for vacancies and/or promotions. I frequently ask agency heads and other governmental officials about the number of Spanish-speaking employees in their organizations and I continue to be appalled by their answers, particularly

in those programs aimed at, or which particularly benefit, Spanish-speaking Americans, such as bilingual education and the various economic and social welfare programs administered by HEW and HUD.

Consider the fact, Mr. Chairman, that of all Federal employees Spanishspeaking Americans represent less than three per cent-a figure which is less than half of our proportion of the general population. Of those who are working in the Federal Government most are concentrated in lower grade categories, primarily in Grades GS 1-7. Too few Spanish-speaking persons are in positions of responsibility or decision-making and there are presently less than 20 Spanishspeaking persons who hold supergrade jobs, GS 16-18, in the entire Federal establishment. Only one-third of one percent of the top echelon of Government positions are filled by Spanish-speaking persons and this proportion is grossly inadequate from a simple population basis of six per cent Spanish-speaking. During the course of these hearings I assume you will be told about the highlytouted but virtually unpublicized “16-Point Program for Spanish-Speaking Americans" which the President announced in November 1970. I am certain that Civil Service Commission representatives and other will tell you how much progress has been made by this program and the efforts which are ostensibly being taken to increase the employment of Spanish-speaking Americans. Frankly, Mr. Chairman, these claims of progress are spurious and are simply nothing more than hollow, political rhetoric. People in all sectors of the Spanish-speaking community with whom I speak are not only unaware of this program which is supposed to be assisting them but they are continuing to encounter almost insurmountable problems in locating employment, even though the 16-point program has been underway for over a year.

Let us look at these claims of progress a little more closely. In September 1971 Civil Service Chairman Hampton reported to me that "From November 1967 to November 1970. Spanish-surnamed employment increased by about 7,000. . . .” This averages out to an approximate annual increase of 2,300 jobs. Five months later, in February 1972, Mr. Hampton informed me that in the 12-month period of May 1970 to May 1971 “1,500 additional Spanish-surnamed persons were added to the Federal Government's rolls. . . ." With a decrease of some 8,000 positions in one year I fail to see where any progress has been achieved. Further, considering the fact that there are some 15 million Spanish-speaking Americans, a gain of only 1,500 jobs is meaningless.

Looking at a final set of statistics, in a six-month period, November 1970 to May 1971, there was a numerical increase of 46,493 persons in all grades. Spanishsurnamed persons accounted for only 3.9 per cent of this increase or 1,803 positions. Fifty-nine per cent of these positions were in Grades GS 1-8.

How can anyone claim that the 16-point program is being properly promoted and achieving some success when the very agency charged with administering it-the Civil Service Commission-has failed to take any affirmative action in relation to itself. Data for 1971 shows that only some 2.6 per cent of the Commission's employees are Spanish-speaking, three quarters of whom are in the lower paying positions.

The claim that more Spanish-speaking persons are being brought into the Federal Service is nothing more than a myth. If any meaningful efforts were actually being made it would not have been necessary for one of our colleagues, my good friend from California, Congressman Edward Roybal, to file a lawsuit against the Federal Government last October in an attempt to secure equal employment opportunities for our people.

One of the primary reasons for this unconscionable state of affairs is the discriminatory employment qualifications. For example, the height requirement of many agencies mitigate against the employment of significant numbers of Mexican Americans, Puerto Ricans, Cubans and others. However, if the physical requirements are discriminatory, the intellectual requirements are even more so; but this is a more subtle form of discrimination. Frequently standards which either have little or no bearing to the position to be filled and/or an applicant's ability to perform a particular job are applied. Because Puerto Ricans, Chicanos and other Spanish-speaking persons are also victims of educational discrimination and suffer from certain shortcomings in many instances, many of our people are at a distinct disadvantage and are barred from competing equally with others in taking required examinations. Also, Spanish-speaking Americans are victims of this subtle form of discrimination on the Civil Service examinations, such as the Federal Service Entrance Examination. These written tests

have a definite cultural bias and are primarily geared to white, middle class persons who have usually attained at least moderate levels of education. If oral examinations are involved our people are also at a disadvantage as they may have an accent and examiners often consider this as unacceptable.

Mr. Chairman, equal employment opportunities means more than just increasing the number of minority group employees in a particular department or agency. It means allowing qualified Spanish-speaking civil servants the chance to advance and achieve positions of increased responsibility. It also means affording the unskilled with job training or retraining and vocational guidance in order that Spanish-speaking Americans have the necessary skills for upward mobility and that they may serve on a par with their co-workers.

Although such training was to be a part of the 16-point program I know of no requests the Congress has received to authorize the establishment of any training programs or to appropriate any funds to carry out such programs. Certainly any effort to assure all possible employment opportunities must include some effective job training endeavor and, in the case of Spanish-speaking persons, this training must be bilingual in order to be fully effective.

The first equal opportunity executive order was issued some 17 years ago. However, in this period the Spanish-speaking American has failed to achieve full and equal access to Federal employment and equal employment opportunity has been a hollow, meaningless promise. The tokenism and second-class status we have been forced to endure is clearly unacceptable to our community and must be ended at once. It is time for the U.S. Government to follow the principle of employment of Spanish-speaking Americans commensurate with our percentage of the total population. A commitment must be made not only to increase employment opportunities for Spanish-speaking persons but also to end certain requirements or features of Federal personnel policies which discriminate against our people.

Spanish-speaking Americans-Puerto Ricans, Mexican Americans, Cubans, Dominicans and others-demand fair and just treatment by the Federal Government. Effective action must be taken to significantly accelerate the recruitment and advancement of Spanish-speaking persons. Federal personnel policies and programs must serve as models for the private sector.

I am hopeful that these hearings will result in a new and more forceful awareness of and sensitivity to the problems which the Spanish-speaking community is experiencing in the area of Federal employment. I urge that this Subcommittee recommend that more substantive action be taken in this field and that efforts are made to permit Spanish-speaking Americans to serve in all levels of government service, including management and supervisory positions and that we be actively assisted, through training and placement, to secure responsible positions in the Federal Civil Service.

Thank you.

Mr. EDWARDS. Dr. Ramirez, you may proceed, but would you first identify the two gentlemen with you, please.

TESTIMONY OF HENRY M. RAMIREZ, CHAIRMAN, CABINET COMMITTEE ON OPPORTUNITY FOR THE SPANISH-SPEAKING; ACCOMPANIED BY MANUEL OLIVEREZ, DEPUTY, DIRECTOR IN CHARGE OF PROGRAMS FOR THE CABINET COMMITTEE; AND ROBERT BROCHTRUP, CONGRESSIONAL LIAISON

Mr. RAMIREZ. Mr. Manuel Oliverez, Deputy in Charge of programs for the Cabinet committee, and Mr. Robert Brochtrup, who is in charge of our congressional liaison.

Mr. Chairman and members of the subcommittee, my name is Henry M. Ramirez and I am the Chairman for the Cabinet Committee on Opportunities for the Spanish-Speaking People. This committee was established by Congress and the President to advise Federal departments and agencies in their programs relating to the Spanish-speaking people of the country.

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