DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, PUBLIC HEALTH SERVICE, HEALTH SERVICES AND MENTAL HEALTH ADMINISTRATION, Hon. DON EDWARDS, Chairman, Subcommittee on Civil Rights Oversight, Committee on the Judiciary, House of Representatives, Washington, D.C. DEAR MR. EDWARDS: We deeply appreciate the opportunity you have given us to respond to the testimony given before the Civil Rights Oversight Subcommittee (#4), Committee on the Judiciary on Federal Employment Problems of the Spanish Surnamed on March 10, 1972, by Robert "Olly" Olivas, National Services Officer for Southwest Council of La Raza. We agree that there has been a substantial underrepresentation of Spanish Surnamed in the past employment practices of the Health Services and Mental Health Administration. The statistics cited by Mr. Olivas are essentially correct. We have, as he also indicated, undertaken a very vigorous program in response to the problems we have faced in Equal Employment Opportunity throughout the Agency. Each of the minority groups has shown a somewhat different problem. Although we have a very low percentage of employment for the Spanish Surnamed, nevertheless, the distribution of this group between the lower and the higher grades has been roughly equivalent to that for the non-minority groups. For the Black populations on the other hand, we have had a very severe problem not attributed to numbers but to the very poor representation of that group in the higher grade levels. As you know concurrent with these problems has been the growing awareness of the need to respond in an affirmative manner to the fact that women within the Federal government have had very poor representation in the upper grade levels as well. All of these initiatives have been launched at approximately the same time. We find ourselves, therefore, in the position of being able to be more responsive to the total numbers of hiring than we are to the grade level distribution. We do believe that we will be able to achieve the goals which we set for ourselves during the past year of National parity for the minority groups by 1974. This parity will include special accounting and attention to the problems of the Spanish Surnamed group. A concerted program is underway to achieve these goals. In direct response to Mr. Olivas' special recommendations the following comments seem appropriate : 1. In the staffing of the EEO organization itself within HSMHA, I am directing that HSMHA's Equal Employment Opportunity Officer present a staffing plan and an affirmative action program which will yield a staffing pattern of portionate representation among all categories of minorities and women. In the case of Spanish Surnamed this will provide for achieving the National parity representation mentioned, 2. We will continue to emphasize the necessity for sharing representation of Spanish Surnamed on grants review boards and while final authority for the appointment of these groups lies within the Office of the Secretary, we will provide in our nomination plan goals which are consistent with achieving parity during the target time period. These goals will be transmitted to the Office of the Secretary. 3. We will continue to be sensitive to the need for identification with the ethnic groups to be served. 4. We will continue the study of our representation among consultant and council memberships. Again, the development and implementation of an affirmative action plan including the concerns of the Spanish Surnamed is an integral part of our EEO activity. 5. HSMHA has only recently begun to use Spanish Surnamed recruitment sources and we believe have had a good response from these sources. We will continue to emphasize the necessity of using these sources through our personnel and other recruitment activities. The organizations Mr. Olivas makes reference to along with others known to us through other sources will be used. 6. Mr. Olivas' last recommendation pertaining to the shortage of Spanish Surnamed health and mental health personnel will be evaluated critically. There is obviously a much broader problem here since this must be accomplished in concert with educational and training institutions. While we can take more direct action pertaining to our own staff the shortage issues in the total National health field are not as responsive to our direct action. We will, however, undertake steps to critically evaluate this recommendation in both contexts and certainly agree we should work toward parity here as in our own Federal programs. I do appreciate the opportunity of commenting on Mr. Olivas' testimony and would be happy to furnish any additional information you might deem to be useful. Sincerely yours, VERNON E. WILSON, M.D. Mr. JERRIS LEONARD, DEAR MR. LEONARD: The Civil Rights Oversight Subcommittee of the House Committee on the Judiciary, of which I am chairman, has just completed three days of hearings into the Federal employment problems of the Spanish-surnamed. Testimony received from public witnesses on this subject raised the problem of the use of minimum height requirements to exclude Spanish-speaking and Spanish-surnamed people from certain types of employment. It was brought to our attention that the problem of height requirements is particularly acute for the Spanish speaking in their attempt to obtain positions in law enforcement. We were informed that the Law Enforcement Assistance Administration has been asked by Spanish-speaking groups to investigate the problem of the use of height requirements as a discriminatory device to exclude Spanish-Americans from employment in law enforcement. The Subcommittee would like to know if such an investigation has been made, and if so, what the results of this investigation were. Has the Law Enforcement Assistance Administration considered issuing regulations denying funds to law enforcement agencies which cannot justify a minimum height as a job requirement? If not, does the Law Enforcement Assistance Administration intend to look into the possibility of issuing such regulations? We look forward to your response to this request. DON EDWARDS, Chairman, Civil Rights Oversight Subcommittee. APRIL 9, 1972. Hon. DON EDWARDS, Chairman, Civil Rights Oversight Subcommittee of the Committee on the Judiciary, U.S. House of Representatives, Washington, D.C. DEAR CHAIRMAN EDWARDS: This is in further response to your recent letter regarding potential discrimination by law enforcement agencies through adoption of minimum height requirements. The Law Enforcement Assistance Administration's Office of Civil Rights Compliance in cooperation with the Civil Rights Division of the Department of Justice, has conducted an inquiry into this matter. This inquiry has been completed and LEAA will shortly issue guidelines. The guidelines will state that the imposition of height standards may be discriminatory. The guidelines will further provide that the burden is upon the LEAA recipient agency adopting height standards to establish a "business necessity" for imposing the requirement. The guidelines should be published by mid-April. I will send you a copy as soon as available. Your interest in this matter and the programs of the Law Enforcement Assistance Administration is appreciated. Please let me know if you wish us to furnish additional information. JERRIS LEONARD, Administrator. MARCH 10, 1972. Mr. ROBERT E. HAMPTON, Chairman, U.S. Civil Service Commission, DEAR MR. CHAIRMAN: During testimony from public witnesses before the Civil Rights Oversight Subcommittee's hearings into the Federal employment problems of the Spanish-surnamed, there was an extensive discussion of the use of height requirements as a discriminatory device against the employment of the Spanish-speaking. In the questionnaire sent to the Commission by the Subcommittee there was a question on the Civil Service Commission's examination of physical height requirements. In your answer you informed the Subcommittee that the Commission has requested each Federal agency having positions with height requirements to re-justify height requirements. Has the process of re-justification been completed? If so, what action has the Civil Service Commission taken with respect to those agencies which have not been able to justify their minimum height requirements? Please provide the Subcommittee with the statements received from each Federal agency contacted regarding the justification of minimum physical height requirements. I look forward to your response and thank you for the assistance you offered the Subcommittee in its investigation of this important problem. Sincerely, DON EDWARDS, Chairman, Civil Rights Oversight Subcommittee. Hon. DON EDWARDS, U.S. CIVIL SERVICE COMMISSION, Chairman, Civil Rights Oversight Subcommittee, Committee on the Judiciary, U.S. House of Representatives, Washington, D.C. DEAR MR. EDWARDS: This is in reply to your letter of March 10, 1972, concerning the progress of the Civil Service Commission's review of minimum height requirements for certain law enforcement and protective occupations. As we mentioned in our testimony before the Subcommittee, the Commission has requested each agency having positions with minimum height requirements to rejustify such requirements. We are now in the process of receiving reports from fourteen agencies on their re-examination of these requirements. When these reports are all received, we will be pleased to make them available to your Subcommittee. We would like to re-emphasize that there are only four occupational areas with such requirements-Border Patrol Agent, Deputy U.S. Marshall, Firefighter and various types of police jobs. Together, the positions involved are less than 20,000 in the entire Federal work force. For your information, reports have been requested from the Departments of Justice, Treasury, State, Interior, Air Force, Transportation, Navy, Army, Agriculture, the Veterans Administration, the Defense Supply Agency, the General Services Administration, the Defense Nuclear Agency, and the National Aeronautics and Space Administration. Sincerely, ROBERT E. HAMPTON, Chairman. APRIL 13, 1972. Hon. ROBERT E. HAMPTON, Chairman, U.S. Civil Service Commission, DEAR MR. CHAIRMAN: Thank you for your letter of April 4, 1972 in response to my inquiry of March 10, 1972 regarding the progress of the Civil Service Commission's review of minimum height requirements for certain law enforcement and protective occupations. I am pleased that the Civil Service Commission is conducting this review and that you have asked each Federal agency having positions with minimum height requirements to rejustify such requirements. Testimony received from public witnesses on this subject during our hearings raised the problem of the use of minimum height requirements to discriminatorily exclude Spanish-speaking and Spanish-surnamed people from certain types of Federal employment. If Federal agency height requirements are being used for this purpose, I hope that your current review will serve to expose and correct the discriminatory practices. I look forward to your supplying us with the reports received fom the Federal agencies, and the results of your review of them, in the near future. Sincerely, DON EDWARDS, Chairman, Civil Rights Oversight Subcommittee. MARCH 16, 1972. Hon. ELLIOT L. RICHARDSON, Secretary, Department of Health, Education, and Welfare, DEAR MR. SECRETARY: The Civil Rights Oversight Subcommittee of the House Judiciary Committee has recently undertaken a study of Federal employment problems of Spanish-speaking people. As part of further work by the Subcommittee on this subject, I would very much appreciate your furnishing the following information to the Subcommittee at your earliest convenience: 1. The number of Spanish-speaking or Spanish-surnamed individuals employed by HEW. 2. The grade levels of these employees. 3. The job titles of Spanish-speaking or Spanish-surnamed individuals who are in policy-making positions. Thank you very much for your assistance in this matter. Hon. DON EDWARDS, DON EDWARDS, Chairman, Civil Rights Oversight Subcommittee. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, Chairman, Civil Rights Oversight Subcommittee, Committee on the Judiciary, U.S. House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: Thank you for your letter of March 16, about your study of Federal employment problems of Spanish-speaking people. Enclosure (1) covers all Department-wide General Schedule Spanish-speaking employees and grade as of the end of February 1972. It excludes Hawaii, Guam and Puerto Rico. Enclosure (2) covers all Department-wide General Schedule Spanish-speaking employees and job titles from grades 9 through 18 inclusive. It is my sincere hope that this information is responsive to your request. If we can be of further assistance with regard to the Spanish-speaking people, please call me or Mr. C. D. Maestas at 963-7121. Sincerely yours, (Signed) THOMAS S. MCFEE, (For) RODNEY H. BRADY, Assistant Secretary for Administration and Management. |