Fragante v. City And County Of Honolulu

888 F.2d 591 (9th Cir. 1989)

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Nature of the Case

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Facts

In April 1981, at the age of sixty, P emigrated from the Philippines to Hawaii. P applied in November of 1981 for an entry-level Civil Service Clerk SR-8 job for the City of Honolulu's Division of Motor Vehicles and Licensing. The SR-8 clerk position involved such tasks as filing, processing mail, cashiering, orally providing routine information to the 'sometimes contentious' public over the telephone and at an information counter, and obtaining supplies. P scored the highest of 721 test takers on the written SR-8 Civil Service Examination which tested, among other things, word usage, grammar, and spelling. P was ranked first on a certified list of those eligible for two SR-8 clerk positions. P was interviewed by George Kuwahara, the assistant licensing administrator, and Kalani McCandless, the division secretary. Both Kuwahara and McCandless were familiar with the demands of the position. During the interview, Kuwahara stressed that the position involved constant public contact and that the ability to speak clearly was one of the most important skills required for the position. P had a thick Filipino accent and both Kuwahara and McCandless had difficulty understanding P and both gave P negative recommendations. P fell in ranking and two other applicants who were judged more qualified got the available positions. After exhausting administrative remedies, P filed a claim under Title VII of the Civil Rights Act. The court found that P's oral skills were 'hampered by his accent or manner of speaking.' The court found no evidence of unlawful discrimination in violation of Title VII. It held that P lacked the 'bona fide occupational requirement' of being able to communicate effectively with the public, and dismissed his claim. P appealed.