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HOOD v. NEW JERSEY DEPT. OF CIVIL SERVICE

Nos. 80-2179, 80-2609.

680 F.2d 955 (1982)

HOOD, George Jr., on behalf of himself and a class of others similarly situated, Appellant in No. 80-2179, v. NEW JERSEY DEPARTMENT OF CIVIL SERVICE, New Jersey Civil Service Commission, and City of Newark. and VULCAN PIONEERS, INC., William Thomas, Joseph Head, Charles Lige, Ernest Smith, Benjamin Josephs, Ronald Heath, Appellants in No. 80-2609, v. The NEW JERSEY DEPARTMENT OF CIVIL SERVICE, Ralph P. Shaw, Chief Examiner of the Department of Civil Service, The New Jersey Civil Service Commission, S. Howard Woodson, President of the Civil Service Commission, Thomas DeLuca, John Holden, Matthias Rodriguez and Charles Walther, Commissioners of the Civil Service Commission, the City of Newark, New Jersey, a municipal corporation, John P. Caulfield, Director of the Newark Fire Department.

United States Court of Appeals, Third Circuit.

Decided June 10, 1982.

Attorney(s) appearing for the Case

Jonathan M. Hyman (Argued), Elizabeth M. Schneider, Newark, N. J., O. Peter Sherwood, Jack Greenberg, New York City, for appellants.

William Harla (Argued), Erminie L. Conley, John J. Degnan, Peter J. Calderone, Newark, N. J., Matthew J. Scola, West Orange, N. J., for appellees.

Before HUNTER, SLOVITER and WISDOM, Circuit Judges.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

These two appeals involve allegations of racial discrimination in the hiring and promotion of firefighters in Newark, New Jersey.1 Plaintiffs assert that defendants have violated 42 U.S.C. § 1981 (1976) and 42 U.S.C. § 2000e et seq. (1978) ("Title VII") by promulgating and using a Civil Service examination which resulted in a disproportionate number of black...

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