A federal judge in Richmond yesterday ordered the Virginia State Police to begin intensive recruiting of women and said that women and blacks discriminated against in the past may seek back pay and jobs.
U. S. District Court Judge D. Dortch Warriner released guidelines for compliance with a July 25 opinion in which he cleared the police of major discrimination against blacks, but found discrimination against women and some blacks seeking dispatcher jobs.
Warriner declined to establish numerical oals, as urged by the Justice Department, which brought the suit against the police. In a memorandum also released yesterday Warriner, a conservative judge from Southside Virginia, characterized the discrimination as "not shocking or outrageous."
A spokesman for the State Attorney General's office concurred, saying that the state considered the discrimination as "technical" and "a very small part of the state police case."
"We don't think it was a willful effort to discriminate," the spokesman said.
The Justice Department declined comment.
The guidelines for recruiting women will remain in effect until July 1, 1983, and those for blacks will end July 1, 1980.
Warriner found in July that the state had discriminated against women seeking jobs by using a height and weight standard that screened out most female applicants. That standard had been discontinued by the time the case was heard.
Warriner also found that the state discriminated against blacks who applied for dispatcher positions by requiring a written test that eliminated many black applicants and gauged skills not needed to do the job.
The Justice Department contended that white police investigators pried into the sexual habits of black applicants and subjected them to unwritten "vague standards" apparently not applied to white applicants. Justice also contended that applications by black police candidates were coded by red commas after the applicants' names, that a written test once given to all trooper applicants discriminated against blacks and that the score needed to pass the exam was too high.
But Warriner noted in his lengthy July opinion that the Justice Department's evidence was "scarce" and "that the Virginia State police have not engaged in a pattern or practice of purposeful racial discrimination since the effective date of" the 1973 Crime Control Act.
Yesterday Warriner ordered the state to use two recruiters in addition to the two persons presently employed to recruit women, but said that no exra personnel were needed to recruit blacks for dispatcher positions.
A spokesman at the State Attorney General's office said there are about 100 dispatcher positions. Warriner said perhaps less than half a dozen blacks may have been discouraged by the exam from applying.
Warriner also ordered the state to run newspaper ads seeking women and blacks once a week for four weeks in four newspapers, including The Washington Post.
The state must also periodically report the amount of money spent on recruiting the number of recruiters the number of women trooper applicants compared to total applicants and the number of black dispatcher applicants compared to the total, the number of women troopers sworn in compared to the total sworn and the number of blacks who accept dispatcher positions compared to the total.
The state must also contact by mail all women rejected for trooper positions after July 1, 1973, because of the height and weight requirement and all blacks rejected for dispatcher positions because they filed the test, informing them of possible employment and back pay.
Those seeking back pay, however, must prove in court that they would have been hired had it not been for the restrictions.
Warriner said in his memorandum that the purpose of his guidelines is to "create a hiring pattern which within five years will be wholly free of the lingering vestiges of sexual discrimination previously practiced by (the state) and found in this case to be" unlawful.