ment, 27,265 additional jobs would be created for Mexican-Americans in California and 105,556 additional jobs nationwide for members of the La Raza Community.

4. The result of such an Executive Order would be to increase annual MexicanAmerican income by $245 million dollars in California and the La Raza Community by $950 million dollars nationwide.

5. This sum is greater than the annual amount of poverty funds expended for the La Raza Community.

6. Mexican-Americans are effectively precluded from middle-class federal jobs or from jobs affecting the economic, employment and housing problems of their people. For example, twelve of the twenty-seven largest agencies have no MexicanAmericans in even minor bureaucratic decision-making positions, none of the twenty-seven have more than 3% in such positions, and State-wide, Anglos are twenty times more likely than Mexican-Americans to be in even a minor decisionmaking position.

7. This de facto discrimination against Mexican-Americans and their virtual exclusion from better-paying, policymaking positions has produced a form of Government Apartheid.

Civil Service Commission's false elitism

In large measure Government Apartheid has been caused by the false elitism championed by the Civil Service Commission, a flagrant under-employer of Spanish-surnamed persons. [2.3% of nationwide staff (119 of 5,268) are Spanishsurnamed.] This elitism is exemplified by favoring academic proficiency over job performance and testing punctuation instead of aptitude.

Philadelphia Plan Executive Order

Unless the nation is prepared to accept continued Government Apartheid in which Anglos determine the economic, employment, educational, housing and social fate of fourteen million "disenfranchised" Spanish-surnamed "subjects," drastic, immediate action is called for.

This monograph consequently recommends immediate Presidential action on a nationwide basis consistent with Vice President Agnew's call for Population Parity for the La Raza Community at all levels of federal civilian employment.2 This "Philadelphia Plan" action can best be achieved by a specific Executive Order establishing specific employment goals and time-tables for population parity for all minorities.

As one Chicano veteran leader expressed it: "Chicanos have population parity in terms of military fatalities. The Government now has an obligation to end the inequity of our being first in war and last in peace." 3

B. METHODOLOGY

All of the individual agency statistics are from the unpublished federal government computer tapes on file with the U.S. Civil Service Commission, Washington, D.C. These statistics were secured for Public Advocates, Inc. and the Mexican-American Population Commission through the intercession of U.S. Senator John V. Tunney.

The significance and accuracy of the tapes is undisputed. Nevertheless, spot verifications have been made with federal government officers and at government offices during the month of September, 1971.

The statistics are as of November 30, 1970, for forty-seven (47) federal agencies and departments employing 293,770 full-time civilians in California.

2 July 7, 1970 statement by V. P. Agnew calling for Spanish-surnamed employment in federal government in a "reasonably equivalent ratio to" their percentage of the "population." N.Y. Times, July 8, 1970, p. 22, Mr. Agnew further admitted that the number of Spanish-surnamed employees "was too small to represent the minority group adequately." 3 June, 1971 statement of then California President of American G.I. Forum, emphasis added.

C. CHICANOS SHORTCHANGED BY 27,000 JOBS AND $245 MILLION ANNUALLY

Largest Minority in Nation

As of October, 1970, California's Mexican-American [Chicano] Population was 2,980,000 or 14.9% of the State's population. Thus, Mexican-Americans in California constitute the largest minority in any state, as well as the largest Mexican-American population in any state.

8

The federal government, unlike the State of California, refuses to keep separate statistics on Mexican-American employees. However, they do keep statistics on Spanish-surnamed employees. Generally, this results in an exaggerated count of Mexican-American employees, particularly at higher positions, due to the inclusion of Central and South Americans, and, often, incorrectly, Portuguese and Italian-Americans. It is estimated that the use of Spanish-surnamed employment statistics, in lieu of Mexican-American statistics, results in an exaggerated Mexican-American statistic of from 5 to 30%, depending on the agency. However, all statistics used herein, by necessity and government omission, are Spanish-surnamed; thus the reader should note that the actual federal government employment of Mexican-Americans is 5 to 30% lower, particularly at higher level positions."

Largest Employer and Largest De Facto Discriminator

The federal government is California's largest private or public employer. It employed 293,770 full-time civilians—as of November 30, 1970. Only 16,506 were Spanish-surnamed. This is only 5.6% of all employees as opposed to 14.9% of all Californians who are Mexican-American and part of the qualified work force.

Thus, on its face, the federal government is a de facto discriminator in violation of President Nixon's November 5, 1970 Spanish-surnamed "Sixteen Point Plan." This Plan called, but without any enforcement mechanism, for population parity for Mexican-American, and other Spanish-surnames, in federal civilian employment. (Population Parity already exists in military casualties, since for example, 15% of Vietnam combat deaths among Californians consist of Mexi can-Americans.)

The federal government, based on its own statistics, underemploys MexicanAmericans by more than 50%. If Mexican-Americans were employed by the Federal Government in proportion to their population, 27,265 more Mexican-Americans would be employed in California, for a total of 43,771, rather than the present 16,506. The present underemployment results in a net loss in salaries to California Mexican-Americans of almost a quarter of a billion dollars a year ($245.385,000).o

Most of the Mexican-Americans employed by the federal government in California are in poverty-level jobs, as defined by the U.S. Labor Department for urban areas. For example, Spanish-surnamed persons constitute 17.6% of all employees in the "Wage System" earning under $5,500 and only 0.6% of those earning $18,000 or more.'

10

Nationwide Pattern of Exclusion

Nationwide, federal government civilian employment shows a similar underemployment pattern for the La Raza Community [all Spanish-surnamed persons].

Official Census of Mexican-American Population Commission, April 1971. The Spanishsurnamed population was 3,140,000 or 15.7%. 5 According to the U.S. Census Bureau, 1970, the largest number of Blacks reside in New York State-which has 2.1 million Blacks.

Texas has the second largest Mexican-American population, 1.7 million. See, The Electoral College and the Mexican-American, June 1971.

7 Based on opinions of California State agency officials, U.S. Civil Rights Commission and local federal agency heads.

8 One former Fair Employment Practices Commission member stated that as many as 50% of the higher level Spanish-surnamed positions are probably held by non-MexicanAmericans.

Computed on basis of average of $9,000 per job times 27,265 $245,385,000.

10 No Spanish-surnamed person in the "Wage System" earning $18,000 or more is believed to be Mexican-American.

Of 2,571,504 full-time employees, only 74,449 are Spanish-surnamed." Although Spanish-surnamed persons represent 7% of the nation's population,12 they constitute only 2.9% of all employees, for a de facto discrimination percentage of 140. This 2.9% Spanish-surnamed figure has remained constant over the last decade and this absence of change was reported to the President on November 5, 1970.13

If population parity were achieved (i.e., 7% Spanish-surnamed federal employees), more than a hundred thousand (105,556) additional federal jobs would be available to Spanish-surnames, providing almost one billion dollars ($950,004,000) annually in additional income, or more than received by the La Raza Community from the entire poverty program."

14

The previously secret federal government computer tapes 15 when analyzed by individual agency display a rather significant discrepancy between President Nixon's rhetoric and federal agency commitment. This is glaringly apparent at the so-called "minority-oriented" agencies such as Health, Education and Welfare and Housing and Urban Development and at the agencies that have used Chicanos "so well" in Vietnam in military roles, such as the Army and Air Force. Individual Agency

Statistics on De Facto Discrimination.-Chart I, infra, p. 13, provides the statistics for the eleven largest federal agencies in terms of full-time civilianonly, employment of Spanish-surnames in California. Each agency employs between 5,000 and 90,000 persons.

Chart II, infra, p. 14, provides similar information for the next sixteen largest federal agencies employing on the average of more than one thousand employees each.

Chart III, infra, p. 17, provides in condensed form such statistics for the twenty smallest of the forty-seven agencies.

Subsequent to the Charts are discussions of the significance and impact of the statistics on the Chicano community.

CHART I

SPANISH-SURNAMED EMPLOYEES FOR FEDERAL AGENCIES EMPLOYING 5,000 OR MORE, FULL-TIME CIVILIANS IN CALIFORNIA

Note: Discrimination percent based on comparison with 14.9 percent, the percent of the California work force that is Chicano.

11 "Minority Group Employment in the Federal Government," U.S. Civil Service Commission, SM 70-70B, November 30, 1970, p. 32.

12 November 5, 1970 official statement of President Nixon's then Chairman of the Cabinet Committee on Opportunities for Spanish-speaking People, Washington Star, November 6,

1970.

13 For example, five years earlier the figure was 2.7%, Ibid, fn 8, 9.

14 This additional 105,556 jobs for Spanish-Americans is feasible since federal turnover per annum is four times greater-400,000 per annum.

15 On file for public examination at Public Advocates, Inc., 433 Turk Street, San Francisco, California, 94102.

CHART II

FEDERAL AGENCIES EMPLOYING BETWEEN 100 AND 5,000 CALIFORNIANS
[Ranked in order of discrimination-No. 1 is the greatest discriminator, etc.]

None of the largest eleven agencies, employing, in aggregate, more than a quarter of a million Californians, has even come close to the population parity the President has sought to impose on labor unions through "Philadelphia Plans."

The federal government's employment of the Chicano represents an ignominious record in conflict with our nation's glorious record of assisting defeated nations, as the Chicano is once again last in peace but first in war. For example, the civilian employment of the Army, Air Force and Navy showed de facto discrimination percentages of 180%, 170%, and 160%, respectively. This is a far cry from the Chicano population parity reached in the military casualties during the Vietnam conflict. It may explain, in part, why the minority veteran unemployment rate has hovered at 13%. This ignominious record strains credulity in that Chicanos capable of leading combat missions should be capable of sufficient training to push papers.

The abysmal Chicano employment records at the Departments of Transportation, Interior, and Agriculture are statistically impossible on a pure chance basis, (discrimination factors of 610%, 525%, and 380%, respectively). One explanation, confirming past Chicano criticisms, is that these bureaucracies are indifferent to the plight of the Chicano and their Anglo-run affirmative action programs are wholly inept.

The Treasury Department's de facto discrimination percentage of 270% gives cause to consider the applicability of our founding fathers' revolutionary cry: "No Taxation Without Representation."

HEW's 160% de facto discrimination percentage conflicts with its prominent role in eliminating de facto discrimination in the schools. It may indicate that HEW will go as slow with Chicanos in employment as it has with Blacks in white schools. Such de facto discrimination-including only 1% Mexican-American decision-makers-makes it unlikely that HEW can effectively enforce its Title VI Civil Rights Act obligations in state agencies receiving federal funds, such as the California Welfare Department.

Chicanos For Stoop Labor Only

Perhaps, the most shocking aspect of the present de facto discrimination is the virtual total exclusion of Mexican-Americans from even minor decision-making or middle-income jobs. Four of the agencies have no Mexican-Americans and nine of the eleven have only one percent or fewer Mexican-Americans making even minor bureaucratic decisions. With 70% of the agricultural work force in California being Mexican-American, it is difficult to comprehend, for example, why

none of the top 500 employees in the Department of Agriculture is MexicanAmerican.

Summary of Chart II-Government Apartheid

All sixteen agencies are de facto discriminators. Only the Labor Department (10% Spanish-surnamed) appears to have made any substantial effort toward compliance with the President's commitment to population parity for labor unions and others.

The poor Chicano employment records of Selective Service and the Secretary of Defense may explain, in part, why Chicano youth are increasingly bitter about the gap between their military and civilian employment potential.

In general, the substantial de facto discrimination at agencies such as the Federal Home Loan Bank Board, 1,360%), NLRB (280%) and HUD (290%), may, in part, explain why Mexican-Americans have the worst housing and employment of any minority in California, with the exception of American Indians on reservations.

The 180% discrimination factor at Civil Service, and the total absence of any Spanish-surnamed persons in even minor bureaucratic decision making positions, illustrates why the U.S. Civil Service system continues to frustrate President Nixon and Mexican-Americans by its non-job-related, arbitrary tests. (These punctuation-oriented, anti-ability tests are the main basis for employment and promotion of 2.5 million federal civilian employees).

Half of the sixteen agencies have no Mexican-American participants in any decision-making, a statistic as likely on a pure chance basis as drawing three straight royal flushes in five card stud poker.

CHART III

Federal Agencies With Less Than 100 California Employees

The de facto discrimination pattern established by the twenty-seven larger agencies, reported in Charts I and II, supra, continue as to the remaining twenty agencies. However, because of the statistical unfairness of indicting agencies with such small work forces, the agencies are merely listed in the footnote " and some highlights are reported. (These agency statistics are open to the public at the office of Public Advocates, Inc.)

16

(a) Six of the twenty agencies employ no Mexican-Americans, even in janitorial or file clerk positions;

(b) Only one of the twenty (U.S. Civil Rights Commission) has a MexicanAmerican in even a minor decision-making position;

(c) Only the U.S. Civil Rights Commission and the Equal Employment Opportunity Commission have translated President Nixon's rhetoric into action." (40% of the Civil Rights Commission's and 20.5% of the EEOC's staff are MexicanAmerican);

(d) The absence of any Mexican-Americans at agencies such as the U.S. Information Agency (0 of 52) and the Federal Trade Commission (0 of 59) are reflected in the failure of the Information Agency to achieve credibility in LatinAmerican and the FTC to protect the rights of the Spanish-speaking consumer; (c) The virtual exclusion of Mexican-Americans at the Federal Power Commission (1 of 49), the Federal Deposit Insurance Corporation (1 of 85), the Federal Communications Commission (1 of 48), and the Interstate Commerce Commission (1 of 37), is reflected in the policies of these Commissions. The FPC grants free licenses to corporations that refuse to hire Mexican-Americans; The FDIC guarantees deposits to banks that refuse home loans to MexicanAmericans;

10 Civil Aeronautics Board: Commission on Civil Rights: Equal Employment Opportunity Commission; Farm Credit Administration; Federal Deposit Insurance Corporation: Federal Communications Commission; Federal Maritime Commission: Federal Mediation and Concillation Service; Federal Power Commission: Federal Trade Commission: Government Printing Office; Interstate Commerce Commission: National Credit Union Administration: National Science Foundation; Securities and Exchange Commission: Office of Emergency Preparedness; Railroad Retirement Board; Renegotiation Board; Tennessee Valley Authority: United States Information Agency.

17 The Federal Maritime Board appears to have so done, but analysis shows that it has only six employees and the only Spanish-surnamed employee is the lowest paid person.