-3- and Game (department). The plaintiffs asserted in the lawsuit that the department’s affirmative action policy known as supplemental certification was in violation of their rights under (1) the Equal Protection Clause of the 14th Amendment to the U.S. Constitution, (2) the merit principle described in Cal. Const. art. VII, sec. 1, subdiv. b, and (3) Cal. Govt. Code secs. 19704, 19705, and 19057 (West 1993).2 Supplemental certification allowed certain minority and female applicants to be selected for positions in California civil service to the exclusion of individuals who performed better on a competitive examination. The plaintiffs had each applied for employment positions with the department, and the department had through supplemental certification filled those positions with individuals who had performed worse than plaintiffs on the competitive examinations. The plaintiffs did not in the lawsuit request an award of monetary damages. The plaintiffs prayed that the defendants be ordered to stop using supplemental certification and that the individuals who were hired pursuant to supplemental certification be discharged from employment. 2 Cal. Const. art. VII, sec. 1, subdiv. b provides: “In the civil service permanent appointment and promotion shall be made under a general system based on merit ascertained by competitive examination.” Cal. Govt. Code sec. 19057.1 (West 1993) requires that appointments to California civil service be made from the top three ranks of eligible applicants as determined by competitive examination. Cal. Govt. Code secs. 19704 and 19705 (West 1993) prohibit the appointing power from receiving any data related to an applicant’s race or gender.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011