It was also charged that CSC avoided "defining acceptable standards of performance against which realistic measurements of progress" might be made; failed to act energetically to eliminate racial and cultural bias in examinations; permitted agencies to follow traditional (and hence discriminatory) methods in promotion policies; was hesitant to recommend, much less require, adequate data systems by race, to enable agency equal employment opportunity programs to be adequately evaluated; and failed to establish within its own agency the necessary centralized, high level structure for adequately directing and coordinating equal employment opportunity efforts."

3. Continuing Inequities in Federal Employment

Whether judged by absolute numbers, grade levels, agency functions, or geographic distribution, employment disparities were evident. For example, 1967 data" showed less than 70,000 Spanish Americans [this category includes Mexican Americans, Puerto Ricans, and others of Latin American or Spanish origin or ancestry] out of a total of more than 21⁄2 million Federal employees-2.6 percent of the work force-despite the fact that there are an estimated 10 million Spanish Americans in the United States-approximately 5 percent of our total population.

23

Nearly 15 percent [399,842] of Federal employees were Negroes, according to the 1967 study." The postal service alone, with 18.9 percent Negro employment, accounted for one-third of the total. Minority representation in other agencies was less impressive. For example, fewer than 5 percent of Department of the Interior employees were Negro; National Aeronautics and Space Administration (NASA) had less than 1,000 blacks among its more than 33,000 employees-a 2.9 percent representation. Certain bureaus, divisions, and occupational categories within the various agencies presented an even more dismal picture. For example, despite the high proportion of nonwhites in the Post Office, only 16 minority group employees could be counted within the elite cadre of 1,134 postal inspectors as of April 1968. The picture was even more discouraging with respect to rural carriers. Within this category, only 161 (slightly more than one-half of 1 percent) of 31,071 employees were from minority groups according to July 1968 data."

The Federal Aviation Administration, a component agency of the Department of Transportation, employing more than 20,000 air traffic controllers as of June 30, 1969, had fewer than 550 minority employees within this occupational group. Moreover, there were only 13 nonwhites among the 1,612 supervisory and administrative personnel in GS grades 14 through 18. The category of flight standards inspectors was filled by 1,764 employees of whom 27 were nonwhite. Of these, only two were among the 428 employees at GS-14 and above.20

Taking into account the racial composition of certain areas in the country, disparities in minority employment are often even more striking. Census data for November 1967 for the Atlanta Civil Service Region is illustrative. Negro employment, listed at 13.1 percent, is overwhelmingly concentrated at the lowest pay levels. Thus, only 130 out of more than 25,000 GS-12 through GS-18 employees were Negro (0.5 percent of the total). Less than 1 percent of wageboard employees earning $8,000 or more per year were black. And among 538 Postal Field Service (PFS) employees in grades 12 through 20, there were only three Negroes.28

21 Id., at 5, et seq.

22 U.S. Civil Service Commission, Study of Minority Group Employment in the Federal Government (1967) at 155.

23 Census data as of Nov. 30, 1969, show an increase in employment of Spanish surnamed workers to 73,619 from 68,945 in 1967. Spanish surnamed employees now comprise approximately 2.8 percent of the Federal work force. CSC News Release, May 14, 1970.

U.S. Civil Service Commission, Study of Minority Group Employment in the Federal Government (1967) supra note 22, at 3. November 1969 data list 389, 251 Negroes; 15 percent of the work force. CSC News Release, May 14, 1970.

25 U.S. Post Office Department, Equal Employment Opportunity in the Post Office Department. A report to the Postmaster General by the Post Office Department Advisory Board, 1969 at 52.

20 U.S. Department of Transportation, Federal Aviation Administration, Office of Civil Rights, Minority Group and Women Employment Reports as of June 30, 1969, Report No. 5 (1969).

27 Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virgin Islands.

28 U.S. Civil Service Commission, Study of Minority Group Employment in the Federal Government 1967, supra note 22.

29

During the past decade, the ratio of Negroes to whites in the Federal service has slightly exceeded the ratio of Negroes to whites in the total U.S. population." However, year after year, most black employees have been consistently concentrated at the lower end of the salary scale within every pay plan. A comparison of 1962 and 1967 data is revealing.

In the former year, 0.8 percent of all employees in GS-12 through GS-18 positions were Negro. By November 1967, the percentage had only risen to 1.8. Wageboard and Postal Field Service pay categories showed faster rates of improvement, although the 1967 picture still reflected gross underrepresentation of Negroes in better paying jobs."

31

30

Spanish American employees fared no better than blacks during the same period. In 1962, this group constituted 2.2 percent of all Federal employees.32 By November 1967, the percentage had only risen to 2.6. And in 1967, Spanish Americans were a mere 0.6 percent of Federal employees earning more than $8,000 per year.

4. President Nixon's Message-Executive Order 11478

33

Shortly after taking office, President Richard M. Nixon called on the Chairman of the Civil Service Commission to review the Government's efforts to achieve equal employment opportunity and make recommendations for policy and program changes. Based on CSC's report" the President issued Executive Order 11478 on August 8, 1969, prefacing it with a statement reemphasizing several points made in the report. The President's statement underscored the following points:

35

1. Assuring equal employment opportunity in a Federal department or agency is the responsibility of the organization's head.

2. Equal employment opportunity must become an integral part of day-to-day management.

3. Emphasis should be on best possible utilization of the skills and potential of the present work force. Opportunities to improve skills and serve at supervisory and administrative levels should be provided.

4. Efforts to publicize opportunities in the Federal Government at professional levels should be widespread so that persons from diverse ethnic, racial, and religious backgrounds can assume positions of leadership.

5. The Government must provide special employment programs for the economically and educationally disadvantaged.

Executive Order 11478 extends and enlarges the policy enunciated in previous Executive orders. By its terms agencies are required to establish and maintain an affirmative program of equal employment opportunity, including provision of sufficient resources to administer the program. Full utilization of present skills of each employee is called for. Other measures include: providing maximum opportunity for employees to enhance their skills; offering managerial and supervisory training designed to assure understanding and implementation of the Federal policy; and expanding recruitment activities and local level efforts designed to reach all sources of job candidates and to improve community conditions affecting employability. The Civil Service Commission is directed to review and evalu

20 Negroes constituted 13 percent of the Federal labor force in June 1962; 13.1 percent in June 1963; 13.2 percent in June 1964: 13.5 percent in June 1965; 13.9 percent in June 1966; and 14.9 percent in November 1967. (Preliminary data from the November 1969 census lists Negro employment at 15 percent of the total Federal work force.

o In June 1962. 0.6 percent of wage-board employees earning over $8.000 per year were black; by November 1967, the figure had risen to 3.9. Postal Field Service showed 0.4 percent black employment in June 1962 in PFS grades 12 thru 20, and 2.4 percent in November 1967 in PFS 12 through 20 positions. Negro employment in PFS grades 13 thru 21 had risen to nearly 3.7 percent as of November 1969 according to information published in a May 14, 1970 CSC News Release.

As used in reporting Federal employment data for 1967, the term "Spanish American" included persons of Mexican American, Puerto Rican, and other Latin American or Spanish origin or ancestry. Currently, the terminology "Spanish surnamed" has replaced "Spanish American."

32 Interview with George Mills, Chief, Statistical Processing Section, Bureau of Manpower Information Systems, Feb. 17. 1970.

33 President's Memorandum of March 28, 1969, to heads of Departments and Agencies on Equal Employment Opportunity.

U.S. Civil Service Commission, Toward Equal Opportunity in Federal Employment, A Report to the President from the United States Civil Service Commission, August 1969. Executive Order 11478 (1969).

ate agency program operations, obtain necessary reports, and advise the President as is appropriate on overall progress.

5. CSC's Response-Chairman Hampton's Statement

Two weeks after Executive Order 11478 was promulgated, CSC announced a staff reorganization designed to implement "the newly strengthened program.. ." On September 4, 1970, a meeting was convened of Department Assistant Secretaries for Administration, agency executive directors, directors of Equal Employment Opportunity, directors of personnel, and coordinators for the Federal women's program, to discuss plans for carrying out the new directives on equal opportunity. In a statement distributed to participants at the September 4 meeting, Chairman Robert E. Hampton said:

With the issuance of Executive Order 11478, President Nixon set new directions to assure equality of opportunity in every aspect of Federal employment. For the first time in an Executive order, the responsibilities of Federal department and agency heads for affirmative action in equal employment opportunity are clearly enunciated. The order emphasizes the integral relationship of equal opportunity and personnel management in the employment, development, advancement and treatment of civilian employees of the Federal Government.

C. ROLE OF THE CIVIL SERVICE COMMISSION UNDER THE EXECUTIVE ORDER

Prior to August 1969 CSC's civil rights responsibilities were widely diffused throughout the agency. The problems which this posed, especially with respect to its responsibilities under Executive Order 11246, had been widely noted." In response to the new Executive order, the staff reorganization took place.

1. Structure of the Equal Employment Opportunity Office as

In conjunction with the reconstituted operation, Nicholas J. Oganovic, CSC's Executive Director (level V of the executive schedule), was named Coordinator of Federal Equal Employment Opportunity, reporting directly to the Commissioners. Two high level staff positions, Director of Federal Equal Employment Opportunity (Communications) and Director of Equal Employment Opportunity (Operations), were located immediately below that of the Coordinator. These roles were occupied respectively by James Frazier, Jr. (GS-15) and Irving Kator (GS-16). The former was made responsible for "coordinating operations with minority group organizations and with other Federal agencies having civil rights responsibilities"; the latter, responsible for program operations and activities within the Commission and in Federal agencies as well."

As of October 1969, a 16-member staff was planned for the newly created Equal Employment Opportunity Office. On November 18, 1969, Mr. Hampton announced the designation of CSC's 10 regional directors as coordinators for the Equal Employment Opportunity program in their respective areas. Subsequently, a new midlevel position of Equal Employment Opportunity Representative was created within each of CSC's regional offices.

40

Although such a centralized, high level office is essential for the direction, cohesiveness, review, and stature of the equal employment opportunity program, many equal opportunity functions are so intrinsically tied to CSC's mission that it is impossible to separate these from other responsibilities in its bureau. While the equal employment office provides substance, coordination, and stimulation, heavy responsibility for the program's success rests within the Commission's several bureaus.

36 CSC News Release, Aug. 25, 1969.

37 E.g., "The Equal Employment Posture of the U.S. Federal Government," supra note 14. See also, "Memorandum on Equal Employment Opportunity Organization of the Civil Service Commission" and covering letter from Stephen J. Pollak, Assistant Attorney General. Civil Rights Division, Justice Department, to John W. Macy, Jr., Chairman, Civil Service Commission, Sept. 18, 1968.

38 The office originally called the "Office of Coordination of Equal Employment Opportunity," is now the "Office of Federal Equal Employment Opportunity."

39 CSC News Release, Aug. 25, 1969. On May 21, 1970, CSC announced a further reorga nization of its civil rights office. Mr. Frazier was promoted to a GS-16 and named as the sole Director of the Office of Federal Equal Employment Opportunity. He will assume all of the duties of the office which had previously been shared with Mr. Kator and will continue to report directly to Mr. Oganovic. Mr. Kator was named Assistant Executive Director and will work with Mr. Oganovic on a variety of special assignments not necessarily relating to civil rights. Civil Service Commission News Release, May 21, 1970.

40 Civil Service Commission News Release, Nov. 18, 1969.

2. Major Components of the Equal Employment Opportunity Effort

a. Recruitment

Recruitment is the logical first step to consider in attacking job discrimination and inequitable job opportunity since it is the principal means of bringing new employees into Federal service.

In recent years, concepts of affirmative action have begun to take hold. CSC officials, with whom Commission staff spoke, recognized the need for their own agency and others to exercise initiative in searching out, informing, and attracting minority group" candidates. A variety of recruiting methods are used in keeping with the diversity of jobs, skill levels, location of Federal offices and installations, and sources of potential manpower. Edward Dunton, Director of the Bureau of Recruiting and Examining, describes the problem in terms of "getting the word out."" Post offices-more than 1,000-provide information on job openings and give tests at frequent intervals. Announcements are sent to labor unions, minority group organizations, veterans organizations, college placement centers, U.S. employment offices, and other public and private agencies. Written materials in Spanish are utilized in parts of the country with high concentrations of Spanishspeaking people. Announcements are sometimes given to radio and press. Federal Job Information Centers are located in 65 cities throughout the country, including Alaska, Hawaii, Puerto Rico, and the Canal Zone. Finally, considerable information is disseminated simply through personal contacts-present Federal employees passing the word to relatives, friends, and neighbors.

CSC is responsible for general recruiting-informing the public about employment opportunities, getting people to apply, and take qualifying examinations for Federal hiring, CSC also trains recruiters from other agencies.*

43

Recruitment training concentrates on problems of minority group recruitment including sources of referral, techniques, and the value of using recruiters who are themselves black, Spanish-speaking, or members of other minority groups, to reach blacks, Mexican Americans, and other minority group members.

The pace of the college recruitment program, especially that directed toward black students, has picked up in recent years. CSC estimates that one of every 10 recruitment visits to predominantly white colleges is made by the Government [CSC and/or other agencies], while one out of every five recruitment visits to predominantly black colleges is conducted by Federal officials. The ratio of visits to numbers of students clearly reveals the emphasis being put on minority recruitment. A visit by one or more Federal officials is made for every 20 black students; the ratio for whites is estimated at 1:225,"

45

44

46

CSC reports that similar, specialized efforts are made to recruit Spanish Americans, although data are not kept. Despite the intensity of these efforts, no method for assessing the efficacy of recruitment has been developed to date.' Not all recruitment efforts are directed to college students or are aimed at filling white collar jobs. A summer employment program for disadvantaged youth has provided part-time jobs for approximately 70,000 teenagers during each of the past 2 years." Priority is given those in greatest need, i.e., children

41 The euphemism, "disadvantaged" was generally used. Most CSC officials appeared to be sensitive to possible accusations of "preferential treatment" or "reverse discrimination" and, therefore, tended to speak of programs aimed toward helping the "disadvantaged" than programs aimed toward helping "minority groups" or, more specifically, "Negroes," "Mexican Americans," or other ethnic minority groups.

42 Interview with Edward Dunton, Director, Bureau of Recruiting and Examining, Oct. 24, 1969.

43 Recruitment in its true sense is seeking applicants for specific jobs and is a basic agency responsibility. Thus, in addition to the ongoing general CSC recruitment effort, other Federal agencies recruit for their own specific needs. In some instances. Federal agencies pool their efforts in recruiting for particular occupations or join in conducting job clinics on college campuses and other central locations.

44 Interview with Thomas McCarthy, then Director of College Relations and Recruitment, currently, Assistant to the Deputy Executive Director of CSC, Nov. 12, 1969. Hard racial data are not maintained. These estimates are on the assumption that all students at predominantly black colleges are black and that all students at predominantly white schools are white. Consequently, the ratios may be slightly exaggerated.

45 Id.

46 However, College Placement Services, Inc., recently conducted a survey of June 1967 graduates from 51 black colleges. Of nearly 1,400 graduates, 656 had accepted jobs with government (primarily Federal Government) while only 741 had gone into private industry. Federal employment comprises less than 4 percent of all U.S. employment. MeCarthy interview, supra note 44.

47 Interview with James Poole, Director, Office of Youth and Economic Opportunity, Nov. 18, 1969.

from families on welfare or others near the poverty level. Recruitment is done through local U.S. Employment Service (USES) offices," which, in turn, maintain contracts with high school guidance counselors.

Although racial data are not maintained, James Poole, CSC's Director of the Office of Youth and Economic Opportunity, estimates that 85 percent of the more than 260,000 summer youth hired under the program during the past 4 years are from minority groups.“

Recruitment for low-skill and blue-collar jobs is frequently closely linked to the special training programs which are discussed later in this report. Recruitment of minority group members for senior level and executive positions has often been planned primarily for filling civil rights and staff assistant slots which carry limited decisionmaking authority.

b. Examinations and Hiring

51

The examination process of various kinds is the vehicle for selection of most Federal employees. It is the means of screening more than 2.5 million applicants annually and helping provide 300,000 to 450,000 new Federal employees each year. The crucial function of examinations has brought the entire procedure under which they operate under attack from individuals and groups concerned with equal opportunity. Over the years, examinations often have had the effect of barring blacks and Spanish-speaking Americans from the chance to obtain a Federal job. In some instances, heavy emphasis on verbal skills-often not related to the requirements of the job have tended to screen out minority group members denied an adequate basic education. Similarly, the premium placed on higher education as an aid in evaluating candidates for promotion has drastically curtailed upward mobility for many black and brown employees. In recent years, the inherent cultural bias in objective tests has come to be recognized.52

Moreover, Albert Maslow, Chief, Personnel Measurement Research and Development Center, advised Commission staff that studies have shown that the nature of the test setting and interview environment may significantly inhibit performance by minority group members. The impersonal, formal, authoritarian aspect of large-scale testing situations, which are generally conducted by white officials in "establishment" settings, epitomize for many persons from minority groups the dominance of white society. Perceived as alien and unfriendly, the examination setting is scarcely conducive to optimum performance. CSC is cognizant of these factors, and has been working to assure that examiners exhibit appropriate understanding to all applicants.

(1) Types of Examinations

53

(A) In General. For many, the term "examination" connotes a written question and answer test. However, as used by CSC, an "examination" is any method by which a candidate is determined to be qualified for a Federal job. Currently there are some 20 basic examination plans. These can be broadly grouped as: (1) written examinations, and (2) unassembled examinations. The former category includes both aptitude and achievement tests. The aptitude test in widest use is the clerk/carrier postal examination which screen an estimated three-quarters of a million applicants each year.

55

The Federal Service Entrance Examination (FSEE), designed to select candidates for a wide range of professional, technical, and management jobs, is an

48 CSC officials have expressed satisfaction with the cooperation given and the effectiveness of USES efforts on behalf of the summer program and other programs designed to aid disadvantaged youth. Poole interview, supra note 4. However, as reflected elsewhere in this report, the overall USES operation has falen short with regard to many aspects of equal opportunity. See ch. 4 infra.

49 Poole interview, supra note 47.

50 "The Equal Employment Posture of the U.S. Federal Government." Memorandum prepared by Roger W. Wilkins, Director, Community Relations Service, and others, for John W. Macy, Jr., Chairman, CSC, Jan. 14, 1969, at 9-10.

51 Certain positions are exempt from the examination requirement, e.g., attorneys.

52 See U.S. Commission on Civil Rights, Employment Testing: Guide Signs, Not Stop Signs, Clearinghouse Publication No. 10, 1968. And, currently CSC, in cooperation with the Educational Testing Service, is conducting in-depth studies of cultural bias in employment testing. Interview with Albert P. Maslow. Chief, Personnel Measurement Research and Development Center, Bureau of Policies and Standards, Nov. 19, 1969.

53 Maslow interview, supra note 47.

54 Dunton interview, supra note 42.

55 About 100,000 hirings are made annually in the Postal Service.