Alioto

MEMORANDUM OF DECISION

This case, involving San Francisco Civil Service tests for selection of Fireman H-2, is again before the court on plaintiff’s motion of June 19, 1973, requesting the court to implement its previous orders by granting immediate and further relief, specifically requesting that the court impose a racial quota formula, favoring appointment of minority applicants over non-minority Fireman H-2 applicants, until the racial composition of the Fire Department fairly re- fleets, percentage-wise, the racial composition of San Francisco’s population.

The law, however, does not require that employment, either private or public, must proportionately reflect the community racial population. On the contrary, the 1964 Civil Rights Act, Title 42 U.S.C. § 2000e-2(j), expressly provides that nothing in the Act shall be interpreted to require any employer to grant preferential treatment to any individual or group on a racial basis merely because of an imbalance between the percentage of his employees of that race in comparison with the percentage of persons of that race in the community population as a whole.

All that the law requires is that no minority job applicant (and…