28 Fair empl.prac.cas. 1481, 29 Empl. Prac. Dec. P 32,802 David La Riviere v. Equal Employment Opportunity Commission, California Highway Patrol and G. B. Craig, as Commissioner of the Chp

682 F.2d 1275 28 Fair Empl.Prac.Cas. 1481 , 29 Empl. Prac. Dec. P 32,802 David LA RIVIERE, Plaintiff-Appellee, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, et al., Defendants, California Highway Patrol and G. B. Craig, as Commissioner of the CHP, Defendants-Appellants. No. 80-4323. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 15, 1981. Decided May 19, 1982. Marian M. Johnston, Deputy Atty. Gen., San Francisco, Cal., for defendants-appellants. David La Riviere, pro se. Appeal from the United States District Court for the Northern District of California. Before WRIGHT and WALLACE, Circuit Judges, and CORDOVA, * District Judge. WALLACE, Circuit Judge: 1 The single dispositive issue in this case involves the legality, under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., of a two-year pilot study conducted by the California Highway Patrol (CHP) between 1974 and 1976 to determine the feasibility of employing women as CHP traffic officers. The CHP and Craig, Commissioner of the CHP, appeal from the district court's grant of summary judgment for La Riviere. We reverse. 2 * The facts underlying this controversy are not in dispute.…