Fair Employment Practice Commission v. State Personnel Board

Introduction

Appellants Fair Employment Practice Commission and Division of Fair Employment Practices appeal from the denial of a peremptory writ of mandate in which appellants sought to vacate respondent State Personnel Board’s order that the real party in interest, Lewis D. Todd, be promoted retroactively to July 1, 1975, on the ground that appellants’ refusal to promote Todd was discriminatory in nature.

Statement of Facts

Lewis D. Todd (Todd) has been employed by the Division of Fair Employment Practices (Division) as a consultant, essentially an investigatory position, since 1970. In 1972, Todd was one of four minority consultants who filed a group grievance with respect to Division’s promotion policies. Beginning approximately two weeks thereafter, Todd observed a change in attitude on the part of his superiors. Prior to signing the grievance, Todd had been given many assignments which entailed decision-making and diplomatic skills and had frequent contacts with the public which involved public speaking and public relations skills. Charles E. Wilson, acting chief of the Division during this period, testified that it was Division policy to give promising employees…