12 Fair empl.prac.cas. 534, 11 Empl. Prac. Dec. P 10,649 Society for Individual Rights, Inc., and Donald William Hickerson, Individually and on Behalf of All Others Similarly Situated v. Robert Hampton, Chairman, United States Civil Service Commission

528 F.2d 905 12 Fair Empl.Prac.Cas. 534 , 11 Empl. Prac. Dec. P 10,649 SOCIETY FOR INDIVIDUAL RIGHTS, INC., and Donald William Hickerson, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Robert HAMPTON, Chairman, United States Civil Service Commission, et al., Defendants-Appellees. No. 74--1793. United States Court of Appeals, Ninth Circuit. Dec. 19, 1975. David C. Moon (argued), San Francisco Neighborhood Legal Assistance, San Francisco, Cal., for plaintiffs-appellants. Paul Blankenstein, (argued), U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.OPINION Before DUNIWAY and KENNEDY, Circuit Judges, and BURNS, * District Judge. PER CURIAM: 1 This suit was brought to challenge the Civil Service Commission's policy of excluding all active homosexuals as unsuitable for government employment. The district court granted summary judgment for the individual plaintiff, ordering him reinstated with back pay. In addition, the court held the suit was proper as a class action under Fed.R.Civ.P. 23(b)(2), and prospectively enjoined the Commission from discharges grounded on the apprehension that employment of homosexuals would reduce public…