City and County of San Francisco v. Fair Employment and Housing Commission

[191 CalApp3d Page 980] This action arises from an accusation filed December 29, 1980, by the Director of the California Department of Fair Employment and Housing (Department) accusing the City and County of San Francisco (City) of racial discrimination against Black firefighters in the administration and implementation of the 1978 promotional examination for the position of H-20 lieutenant. After a lengthy administrative proceeding the Fair Employment and Housing Commission (FEHC) determined that the City discriminated against Black firefighters in violation of California's Fair Employment and Housing Act (Gov. Code, ? 12900 et seq.) by using a promotional examination with an adverse impact on Blacks which was not proven to be job related. The City sought a writ of administrative mandamus to relieve it from FEHC's decision and remedial order.1 (Code Civ. Proc., ? 1094.5; Gov. Code, ? 11523.) The superior court agreed the examination had an adverse impact on Black candidates for promotion, but disagreed with FEHC's determination that the City failed to prove the examination's validity. This appeal is taken from the superior court's grant of administrative mandamus vacating FEHC's decision.2