Civil service department determines testing format
Esposito v. Civil Service Department, 55 N.Y.2d 835
When provisional employees were unable to persuade the Department of Civil Service to use an “unassembled examination” which is based on the candidates training and experience instead of the written multiple-choice type to test eventually held, the employees sued.
The provisional employees contended that “the only appropriate and effective method of evaluating merit and fitness for their position (Rehabilitation Counselor and Trainees) was the unassembled test.
The court stated that it is not whether the employee’s method of testing is preferable but whether the Civil Service Department’s method is irrational and dismissed their petition.