Edward L. Mintz, Morris J. Baller, Deborah M. Greenberg, New York City, for plaintiffs. Louis J. Lefkowitz, Atty. Gordon, Asst. Kantor, Deputy Asst. This suit is another in an ever-extending series of challenges to civil service examinations.
Plaintiffs, who are Correction Officers, [1] provisionally appointed to the rank of Correction Sergeant Male , contend that the test for promotion and permanent appointment to that position discriminated against them on the basis of race. They seek to represent all Black and Hispanic Correction Officers and provisional Correction Sergeants who failed the examination, who passed it but ranked too low to be appointed or who were deterred by the appointment system from seeking promotion.
To fill needed positions pending establishment of a new list, the Department of Corrections appointed provisional Correction Sergeants, in August, , to hold their posts until permanent appointments could be made. Both named plaintiffs were appointed at that time. Upon request of the Department of Corrections, the Civil Service Commission prepared a promotional examination which was administered on October 14, That examination, , was taken and failed by plaintiffs and is the subject of this action.
After adjustment for veteran's preference and seniority, those who passed were ranked by grade and an eligible list was promulgated on March 15, On April 10, , this suit was filed and a temporary restraining order entered preventing defendants from making appointments from the list and from terminating the provisional appointments of plaintiffs or members of the class.
By modification and stipulation, the restraining order was extended to maintain the status quo until a decision on the merits. The ground rules for cases such as this have been thoroughly elucidated by recent decisions of the Court of Appeals for this Circuit. Civil Service Commission " Vulcan " , F. Board of Examiners " Chance " , F. To summarize the approach adopted by the cases, plaintiffs must first establish a prima facie case showing that the examination has had "a racially disproportionate impact.
