Justice Department lawyers angered federal District Judge Albert V. Bryan Jr. yesterday when they failed to list employment exams that allegedly discriminate against minority job applicants in Fairfax County's governement.
On the second day of a retrial of the department's racial and sexual discrimination suit against the county, Judge Bryan's patience appeared to wear thin at times.
"Are you in a position to state what tests are at issue here?" he asked the federal lawyers.
"Any tests that have had an adverse impact, your honor," answered Justice attorney Katherine P. Ransel.
"That's no answer at all," snapped the judge, ordering testimony to continue despite the attorney's answer.
The county, which is resisting the allegations that its hiring and promotion practices discriminate against blacks and women, continued to introduce statistics and officials buttressing its position.
Several high-ranking county officals testified that they conduct vigorous affirmative action programs. Fairfax Sheriff M. Wayne Huggins said, "We hire all people based on qualifications. We discriminate against no one."
The brunt of the county's statistical defense rested on Donald Gantz, an associate professor of mathematics at George Mason University and a consultant to the Labor Department.
Justice's case "has that element of bad arithmetic," Gantz testified yesterday. "It's my judgment that statistically fair hiring [of minorities and women] occurs in Fairfax county."
Justice lawyers also brought forth a small mountain fo mathematical analyses of the county's own hiring data. The department, which largely lost an earlier trial of the case, contends that the figures showed gross disparities in the numbers of minorities and women hired as opposed to the numbers of those who had applied.
But Gantz argued that Justice not only used old data for its calculations, but also tended to lump its findings into aggregate totals for the five-year period of 1974-1978, a fact that, he said, made their findings appear more significant that they actually were.
George Mason economics professor Howard Bloch testified on the county's behalf that employers with affirmative action programs tend to attract more unqualified applicants, Justice attorney Elaine Wayne argued that Bloch had no theoretical or empirical support for his argument.
Trial of the case was continued until Monday morning.