The fate of the state’s Promotion Test Battery exam is now in the hands of the US Department of Justice.

In March 2000, the Equal Employment Opportunity Commission (EEOC) issued a decision in a case in which a group of PEF members and other state employees alleged that the Promotion Test Battery (PTB) was discriminatory.

The initial complaint in that case was filed by members of the Albany Upstate Chapter of Blacks in Government (BIG). The EEOC determined that the evidence showed that the PTB had a disparate impact on blacks and Hispanics.

Under EEOC guidelines, once an exam is found to have a disparate impact, the employer must show that the test is job-related for the position in question and consistent with business necessity. The EEOC found the PTB did not meet that requirement.

The EEOC explained, “for example, the battery test is used for a broad range of supervisory and managerial positions, and is not tailored to any of them.” The EEOC concluded that since there was reasonable cause to believe that the PTB had an adverse impact on blacks and Hispanics, and since the test had not been validated, it was discriminatory.

Per EEOC practice, once a charge is issued, the EEOC attempts to conciliate the charge. If that is not successful, the EEOC sends the case to the Department of Justice (DOJ). DOJ then determines whether to pursue the case through a lawsuit or provide the charging party with a “right-to-sue” letter, so that he or she can pursue a remedy in court. This charge has been referred to the DOJ, but it has not yet issued its decision. In the meantime, the state Department of Civil Service continues to offer the PTB annually and to make appointments from eligible lists generated by the exams.

If you are interested in finding out about BIG and its role in the EEOC action, write to Merton Simpson, president of the Albany Upstate Chapter of Blacks in Government, at the following address:

Merton Simpson
439 Livingston Avenue #2A
Albany, NY 12206.

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