Hershel CLADY, Et Al., Plaintiffs-Appellants, v. COUNTY OF LOS ANGELES, Defendant-Appellee

This class action for damages and injunctive relief under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq. (Title VII), and 42 U.S.C. § 1981 challenges the 1979 selection procedures used by the Los Angeles County Fire Department. Plaintiffs allege that the written examination, education requirement (ER), and physical agility test (PAT) had an adverse impact on black and Hispanic applicants. Following a seven day bench trial, the district court entered judgment for the County of Los Angeles (County). We affirm the judgment.

FACTS AND PROCEEDINGS BELOW

To understand the parties’ positions, we provide in some detail the history of prior legal challenges to the County’s firefighter selection procedures.

1969 Exam

In 1969, firefighter applicants were required to take a civil service examination and a physical agility test. They were ranked according to their performance on both tests. Following successful job interviews, candidates were placed on a hiring eligibility list. The County voluntarily discontinued these procedures after it was determined that they had a disparate adverse impact on minority hiring. See County of Los Angeles v. Davis, 440…