Kirkland v. New York State Department of Correctional Services
Court of Appeals for the Second Circuit
1Opinion of the Court
VAN GRAAFEILAND, Circuit Judge:
On October 14, 1972, the New York State Department of Civil Service offered examination 34-944 for promotion to the position of correction sergeant in the New York State Department of Correctional Services. One thousand, two hundred sixty-three white correctional officers took this examination, and three hundred eighty-nine, or 30.8%, received a passing score. Of the one hundred four Blacks tested, eight, or 7.7% passed; of the sixteen Hispanics, two, or 12.5% passed. Thus was this litigation born.
On April 10, 1973, Edward Kirkland and Nathaniel Hayes, two Black…
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