-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.
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