The following excerpt is from Officers for Justice v. Civil Service Com'n of City and County of San Francisco, 688 F.2d 615 (9th Cir. 1982):
In November, 1973, plaintiffs moved for a preliminary injunction suspending the use of the hiring and promotional written examinations. The district court found plaintiffs' statistical demonstration sufficient to establish a prima facie case of racial discrimination 4 with respect to the entry-level hiring of patrolmen and promotions to the rank of sergeant, which the defendants were unable to defend as indicative of job performance. 5 Officers for Justice v. Civil Service Commission ("O.F.J."), 371 F.Supp. 1328, 1331-1333 (N.D.Cal.1973). However, the number of minority applicants taking the examinations for promotions to ranks higher than sergeant was too small to support a statistically reliable statement of the differential effects of those examinations. Id. at 1333-1334. The district court enjoined the further use of the entry-level and sergeant-level promotional examinations and ordered that entry-level patrolmen be hired at a ratio of three minority applicants for every two non-minority applicants, and, similarly, imposed a one-to-one ratio for appointments to the rank of sergeant. Both ratio quotas were to remain effective until the minority composition in each category reached a minimum of thirty per cent. Id. at 1342-1343. The district court further ordered that future examinations and selection procedures were to be submitted to the court for review and approval.
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