Leola M. MOORE, Plaintiff-Appellant, v. SOUTHWESTERN BELL TELEPHONE COMPANY, Defendant-Appellee

Appellant, a black female, has been employed since 1951 as a house service attendant (janitress) in the Paris, Texas office of Southwestern Bell. Appellant sought a promotion to the position of repair clerk, a position involving the recording and filing of information, in 1973. Passage of a test battery was a necessary, but not the sole, criterion for promotion. Appellant failed the test in 1973. In 1974, she again applied for promotion but refused to be retested, alleging that the tests used by Southwestern Bell discriminated against her on the basis of her race. Appellant filed charges of…