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MEMORANDUM AND ORDER

Plaintiffs in this case are suing on behalf of “Hispanic persons,” (see Stipulation and Order Redefining the Class, filed September 12, 1980, at 2) charging discrimination against Hispanics in employment at entry level positions by the United States Postal Service (hereafter “Postal Service”) in the Golden Gate District, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The plaintiffs are focusing on three examinations given by the Postal Service to those desiring certain entry level positions: Test 400, Test 440, and Test 450. This preliminary injunction motion is only concerned with the impact of Test 450, which is given to those applying for a position as mailhandler. Plaintiffs are asking for preliminary relief to alleviate the present impact of Test 450, which they claim has a discriminatory effect upon Hispanic applicants.

In order to issue a preliminary injunction, the court must find that the plaintiffs have shown either (1) a probability of success on the merits and that the plaintiffs would possibly suffer irreparable injury absent an injunction, or (2) that there is a sufficiently serious question on the merits…