Mr. GROSS. I don't know. Masculine-feminine scale works in reverse with the opposite sex, so I suppose it would penalize her on femininity. Mr. REUSS. This is from Minnesota multiphasic. Mr. GROSS. Yes. It has this F-M scale which is absolutely childish. It starts from a false psychological theory that masculinity is related to crudity, and related to ignorance and lack of culture. This probably began in the heads of Professor Terman and Professor Miles who invented the first test from which all others have been derived. This stupidity is followed from test to test and decisions are made on it. As a matter of fact, in one testing company on Third Avenue in Manhattan which grades their test with a machine, a man applied for a job on the DEW line, which I think was being built under Government contract. The man was very cultured and scored high in femininity on the test. He answered that he liked poetry, et cetera. They would not give him the job because they suspected homosexuality. He was married and had three children and wanted to make some money. But he didn't get the job. So a ridiculous theory creates a ridiculous scale which is then further made ridiculous by applying it to individuals. Mr. REUSS. Thank you. Mr. GALLAGHER. Mr. Cornish? Mr. ROMNEY. No questions. Mr. GALLAGHER. Thank you very much for appearing here today, and for making a very significant contribution to the study of this subcommittee. The special inquiry will stand adjourned until 10 a.m. tomorrow. (Whereupon, at 4:10 p.m., the special inquiry adjourned, to reconvene at 10 a.m. Friday, June 4, 1965.) SPECIAL INQUIRY ON INVASION OF PRIVACY FRIDAY, JUNE 4, 1965 HOUSE OF REPRESENTATIVES, SPECIAL SUBCOMMITTEE ON INVASION OF PRIVACY OF THE COMMITTEE ON GOVERNMENT OPERATIONS, Washington, D.C. The subcommittee met, pursuant to recess, at 10 a.m., in room 2203, Rayburn Office Building, Hon. Cornelius E. Gallagher (chairman) presiding. Present: Representatives Cornelius E. Gallagher, Benjamin S. Rosenthal, Frank J. Horton, and Henry S. Reuss. Also present: Norman G. Cornish, chief of special inquiry; Miles Q. Romney, associate general counsel, Government Operations Committee; James A. Lanigan, general counsel, Government Operations Committee; and Raymond T. Collins, minority professional staff. Mr. GALLAGHER. The subcommittee will come to order. Before we hear the testimony of today's witnesses, there are two documents which I would like to insert in the record at this point. Mr. Cornish? Mr. CORNISH. Yes, Mr. Chairman. The first one is a letter dated March 26, 1965, from the Deputy Under Secretary of State, Mr. William J. Crockett, and it reads as follows: DEAR CONGRESSMAN GALLAGHER: There have been numerous questions raised as to whether our use of psychological testing in our regular medical examinations was an appropriate test for a Government agency to impose upon its personnel. We have used this type of testing whenever our medical division determined whether it might assist in the proper treatment for the individuals. We have now decided to discontinue this policy and will substitute instead a requirement that personnel seek their own psychiatric counsel whenever the medical examination indicates psychiatric treatment is necessary. We expect that this psychiatric care would be carried on in a personal relationship between the employee and doctor of his choice. In this way I think we can insure that the Department of State does not violate the rights of individuals while at the same time fulfills its responsibilities to the individual employee by calling attention to problems as well as protecting the national interest. The individual employee will seek assistance from his own doctor. like to discuss this whole matter with you as we move forward with our new regulations. I appreciate your help and assistance. Sincerely, I would WILLIAM J. CROCKETT. The second one, Mr. Chairman, is the text of a memorandum of the Export-Import Bank of Washington, which was transmitted to me as the staff chief of this special inquiry. It is dated April 20, 1965, and reads as follows. Memorandum to Personnel Officers. Subject: Applicant and employee testing. 1. The purpose of this memorandum is to establish a policy prohibiting the use of a certain type of test on employees or applicants for employment with the Export-Import Bank. 55-347 0-66-7 91 Mr. GROSS. I don't reverse with the opposi femininity. Mr. REUSS. This is Mr. GROSS. Yes. It It starts from a false p to crudity, and related ably began in the head invented the first test stupidity is followed i As a matter of fact, Manhattan which gr for a job on the Di Government contrac in femininity on the cetera. They woul homosexuality. He to make some mon So a ridiculous t made ridiculous by Mr. REUSS. Th Mr. GALLAGHE Mr. CORNISH. Mr. GALLAGHE Mr. ROMNEY. Mr. GALLAGH and for makin subcommittee. The special (Whereupo vene at 10 a. ༔ 2 S. Jepir:ment of Labor and Project CAUSE Trst that counsellors recruited and trained for ar mpanyees of the Department of Labor. Rather, they pied for assignments with State employment service agencies ring people. The only exception is the District of Colum which is legally part of the Department of Laber, but whath part of the nationwide cumploy mout security system. SPEC 2. xaminations used for engizyment in the US. Orderment of Labur Examples of these examinations are the Federal service entrance und for Project CAUSE ct CAUSE was born to attack the acute problem of youth counselor shortEarly in 1964, it became apparent that a rapid rise in the supply of counsel sonnel would be required to meet current and prospective demands for d staff to serve all youth, but particularly disadvantaged youth-those e out of school and out of work, those who have no special job skills, and who are disadvantaged either through lack of education and training or e of poverty, race, and environment. ough there are approximately 50,000 counselors currently employed in the 1 States-42,000 in the public schools, 3,500 in State employment service 2,500 by State and local rehabilitation agencies, and 2,000 in nonpublic e activities-the Secretary of Labor's "Report on Manpower Requirements, Irces, Utilization and Training," submitted to Congress by the President in h 1964, estimated that an additional 32,000 full-time counselors would have trained during the next 3 years-25,000 for the public schools, 5,500 for the > employment services, and about 600 for rehabilitation counseling. he increase in the counseling staffs of State employment service offices was icated on the need for adding well-qualified counselors to service regular ance and counseling programs, new programs for youth authorized by Cons under the Manpower Development and Training Act, as amended, and to vide counseling services to those young men found unfit for military service referred by selective service to State employment service offices for assistance. On top of these existing shortages and demands for counseling personnel, the sident's antipoverty program and the enactment of the Economic Opportunity t of 1964 created a further need for qualified and trained people capable of rking with and counseling youth for the Neighborhood Youth Corps, the Job >rps, various community action programs and programs such as the youth >portunity campaign just announced by the President last week. To increase the supply of trained counseling personnel as rapidly as possible, e Bureau of Employment Security initiated Project CAUSE. Project CAUSE as been designed to supplement existing counselor education programs with an ffirmative plan to recruit, select, train, and employ-in cooperation with State mployment security agencies, universities, and youth counseling experts-approximately 3,500 counselor trainees between June 1964 and October 1965. BES project's primary goal is to augment the supply of counseling talent to man youth opportunity centers. Youth opportunity centers The The Department of Labor is currently establishing throughout the employment security system a nationwide network of youth opportunity centers to increase the employability and employment of all youth 16 to 21 years of age, but with particular emphasis on disadvantaged youth. These centers are necessary because there are about 1.2 million jobless young people in this country who are with little prospect of getting a job, or of keeping one because they have no particular skills. The number of such youths looking for jobs is increasing rapidly and unemployment for this group is almost three times the rate for the rest of the labor force. These centers are actually local offices established within the framework of the employment service system. They operate as a focal point for government and community efforts in solving youth employment problems through personalized counseling and, necessary preparation for employment. The services offered depend largely on individual needs. They include interviewing, career guidance, intensive counseling; technical services in preparing for employment; job development; job placement; recommending youth for occupational training; referral to MDTA training or to work and training programs through the Neighborhood Youth Corps and Job Corps; and even referral to other appropriate community 2. It is recognized that there are certain kinds of test materials under the general heading of "psychological testing" which are useful and permissible, such as aptitude and vocabulary tests. 3. Apart from the above, there has been some use made in Government of psychological personality tests which most often include questions of an extremely personal nature, bearing on sex, morality, parental relationships and the like. 4. It is hereby prescribed that tests of the nature indicated in paragraph 3 above will not be used in any examination of employees or applicants for employment. John R. Crown, Administrative Officer, Export-Import Bank of Washington. Mr. GALLAGHER. There are also several editorials which indicate the degree of public concern over the matter of invasion of privacy and personality testing. If there is no objection, these will become a part of the record also. (The editorials referred to appear on p. 387 of the appendix.) Mr. GALLAGHER. Our first witness today is Mr. Leo Werts, Assistant Secretary of Labor for Administration. TESTIMONY OF LEO R. WERTS, ASSISTANT SECRETARY OF LABOR FOR ADMINISTRATION, DEPARTMENT OF LABOR Mr. GALLAGHER. Mr. Werts, we welcome you here this morning. (Whereupon, Mr. Leo R. Werts was duly sworn.) Mr. GALLAGHER. Would you proceed, please? Mr. WERTS. Thank you. Mr. Chairman and members of the subcommittee, my name is Leo R. Werts. I am here today representing the Secretary of Labor. The Department welcomes the invitation of the House Committee on Government Operations to appear before it to describe the use we have made of tests and questionnaires for selecting persons to work with youth. With the committee's permission, Mr. Chairman, I will read some of the significant parts of this testimony and then summarize certain other sections of it which are not as directly related to the question which you have asked as the points I will read. Mr. GALLAGHER. All right. STATEMENT OF LEO R. WERTS, ASSISTANT SECRETARY OF LABOR for ADMINISTRATION Before going into the subject of today's hearing, it should be noted that the Department is most strongly opposed to the careless and illegitimate invasion of personal privacy either by private or governmental institutions. The constitutional right against invasions of privacy must be safeguarded at all costs. The Department of Labor was one of the first Federal agencies to take positive action to assure that maximum efforts were taken by all officers and employees to guarantee the integrity of personal conversations or statements, and to guard against the invasion of privacy through the use of electronic recording and monitoring devices. The Secretary personally became concerned early last year with the potential abuses from monitored telephone conversations and caused an inquiry to be made leading to a comprehensive policy and Department-wide regulations that all internal and external business be transacted with complete candor and confidence. Distinction between employment in U.S. Department of Labor and Project CAUSE I would like to emphasize first that counsellors recruited and trained for the CAUSE project are not employees of the Department of Labor. Rather, they are trainees being prepared for assignments with State employment service agencies as counselors of young people. The only exception is the District of Columbia Employment Service which is legally part of the Department of Labor, but which operates as part of the nationwide employment security system. |